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(영문) 대전지방법원 2017.03.17 2016나10221

부당이득금 반환

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Basic Facts

The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to a taxi for business use (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer that entered into a mutual aid agreement with respect to B automobiles for business use (hereinafter referred to as “Defendant vehicle”).

On October 18, 2014, around 14:16, the Plaintiff’s vehicle in the instant accident occurred, where there was an accident that conflicts with the part on the left side of the Defendant’s vehicle that attempted to turn to the left and the part on the right side of the Plaintiff’s vehicle, which was going to turn to the left in accordance with the two-lanes of Madern-gu, Daejeon Metropolitan City, according to the straight line along one-lanes of the Dron-type crossing in front of the Dron-gu, Daejeon Metropolitan City.

(hereinafter “instant accident.” As a result of deliberation by the Defendant’s deliberation committee on the dispute over payment of insurance proceeds and reimbursement of automobile insurance proceeds, the Defendant paid KRW 4,700,000 to the driver of the Defendant vehicle with the insurance proceeds from the instant accident. As the Plaintiff asserted the Plaintiff’s negligence without fault and did not pay the insurance proceeds for the damage of the Defendant vehicle, the Plaintiff filed a petition for deliberation with the committee for deliberation on dispute over reimbursement of automobile insurance (hereinafter “Dispute

On April 27, 2015, the Dispute Deliberation Committee decided that the ratio of the negligence between the plaintiff's vehicle and the defendant's vehicle was 75:25.

Accordingly, on July 13, 2015, the Dispute Review Committee filed a petition for review with the Dispute Resolution Committee, and the Dispute Resolution Committee rendered a deliberation and resolution to maintain the ratio of 75% of the liability of the plaintiff vehicle existing on the ground that the plaintiff's vehicle, which was followed, failed to perform his/her duty to stop on the front line, in light of the collision part of the plaintiff vehicle and the defendant vehicle as a non-protected left-hand turn-hand turn-hand turn-hand turn-hand turn-on.

On July 30, 2015, the Plaintiff paid KRW 3,525,000, which is equivalent to 75% of the insurance money that the Defendant paid to the Defendant under the pretext of reimbursement, according to the decision of the Dispute Deliberation Committee.

hereinafter referred to as "the case."