부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. With respect to B cargo vehicles owned by Nonparty A (hereinafter “Plaintiff”), the Defendant is an insurer that entered into a comprehensive motor vehicle insurance contract with respect to the non-party C D chip XG vehicles (hereinafter “Defendant vehicle”).
B. Around 18:40 on September 28, 2012, C driven the Defendant’s vehicle and driven the Defendant’s 2 bridge, which was located in the Cheongyang-si in the Cheongyang-si drawing, from the right side of the fast-si to the Gun, caused the occurrence of an accident where C, while driving the Defendant vehicle, the Plaintiff’s vehicle, who was in the front line of the operation of A, invaded the central line that caused the damage to the part of the Defendant’s vehicle located in the road, and the e-C character driver and the passenger’s death (hereinafter “instant traffic accident”).
C. The Defendant, the insurer of the Defendant’s vehicle, paid KRW 153,854,830 to the bereaved family members of the victims with the insurance money, filed a petition with the Plaintiff for deliberation of the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter “Deliberation Committee”). The Deliberation Committee decided the liability ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to 50%, respectively. The Plaintiff first paid the Defendant the amount of KRW 76,927,415, and then filed the instant lawsuit.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including each number), Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the traffic accident in this case occurred due to the preceding negligence of the defendant's driver's violation of the duty of safe driving, but the plaintiff paid 76,927,410 won equivalent to 50% of the insurance money to the defendant as the indemnity amount. Thus, the defendant is obligated to return this amount to the plaintiff as unjust enrichment. The plaintiff's fault is calculated as 20% and the defendant is claimed to pay 46,156,449 won and delay damages.
B. According to each description of Gap evidence Nos. 5 through 7 (including paper numbers), the judgment shall be made.