부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A and B (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile comprehensive insurance contract with C and D (hereinafter “Defendant vehicle”).
B. On October 19, 2015, C, while driving the Defendant vehicle and stopping at the FY E in Gangwon-gu, the vehicle was parked in excess of the squad and driving the Plaintiff vehicle into the national highway outside the service area, and the vehicle was shocked by the Plaintiff’s vehicle entering the service area and stopping in one lane of the said road. Accordingly, the Plaintiff caused the Plaintiff’s accident of destroying the front glass of HHE vehicle that was driven in the opposite lane due to the decline of the Plaintiff’s oil products, etc. (hereinafter “instant accident”).
C. In relation to the instant accident, the Defendant paid KRW 42,749,120 in total to the Defendant’s driver C and the passenger I as agreed money, etc., and filed a request for deliberation with the Deliberation Committee on the Settlement of Claims for Compensation on March 31, 2017 (hereinafter “instant Committee”). The instant Committee assessed the negligence of the Plaintiff’s vehicle as 10% on May 29, 2017, and decided to pay KRW 5,000,00 for Defendant’s driver C’s medical expenses, and KRW 20,556,120 for Defendant’s driver C’s and KRW 20,56,120 for the repair expenses of the Defendant’s vehicle and KRW 17,719,300 for the Plaintiff’s vehicle’s negligence, and KRW 27,275,420 for the Plaintiff’s vehicle to the Defendant (hereinafter “instant deliberation”).
According to the deliberation and resolution of the instant case, the Plaintiff paid KRW 25,724,120 around that time, and thereafter dissatisfied with the deliberation and resolution of the instant case, filed the instant lawsuit on June 19, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2 and 3, the purport of the whole pleadings
2. Determination on this safety defense
A. This safety defense.