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(영문) 서울중앙지방법원 2019.08.14 2019나9292

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with C Co., Ltd. with respect to D Trucks owned by C (hereinafter “Plaintiff”) and the Defendant is an insurer that entered into an automobile insurance contract with respect to the E Motor Vehicles (hereinafter “Defendant Vehicles”).

B. On May 14, 2018, the Plaintiff’s vehicle was waiting to stop in order to enter roads bypassing from the entrance of the gas station to the road after completing the gas station at G gas station located in the Jung-gu Incheon, Jung-gu, Incheon. The Defendant’s vehicle also completed the oil station, and then, the vehicle was waiting to move back to the right side of the Plaintiff’s vehicle in the atmosphere to enter the road.

After that, while the plaintiff's vehicle entered into the road by right-hand side of the plaintiff's vehicle, there was an accident that contacts the front part of the left-hand side of the defendant's vehicle (hereinafter "the accident in this case").

C. The Defendant paid KRW 6,640,000 at the repair cost of the Defendant’s vehicle, and then applied for deliberation and mediation against the Plaintiff to the H Deliberation Committee. On October 8, 2018, the Deliberation Committee decided the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to 70:30 on the ground that “The instant accident was an accident that the Plaintiff’s vehicle was at contact with the Defendant’s vehicle parked on the right side during the right-hand route, the vehicle was at the station of both vehicles, and the Plaintiff’s vehicle was at the atmosphere before right-hand, but the Defendant’s vehicle was waiting on the right-hand side.”

Accordingly, on October 31, 2018, the Plaintiff paid 4,298,000 won to the Defendant, which is equivalent to 70% of the above 6,640,000 won paid by the Defendant, and filed the instant lawsuit on November 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence Nos. 1 to 4, or the purport of the whole pleadings

2. The assertion and judgment

(a)a Party;