부당이득금
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.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On March 23, 2019, the driver of the Plaintiff’s vehicle entered the said intersection in the direction of its proceeding when the red-off signal, etc. turned on on the scambling signal of the scam-on in the original city of Gangwon-gu (hereinafter “instant intersection”) around 07:15 on March 23, 2019, while entering the said intersection, the accident occurs where the front and front part of the Defendant’s vehicle entering the instant intersection and passing through the said intersection are facing the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).
The Defendant, based on the motor vehicle insurance contract for the Defendant, paid the repair cost for the Defendant’s vehicle due to the instant accident, filed a request for deliberation with the E Standards Commission. The E Standards Commission decided that the ratio of liability for the instant accident to the Plaintiff’s 65% and the Defendant 35% on August 5, 2019, and determined that the Plaintiff would pay the Defendant KRW 3,75,232 (=the Defendant’s payment to the Defendant’s 5,77,280 x 65%).
On August 29, 2019, the Plaintiff paid KRW 4,080,230,000, which is equivalent to 65% of the repair cost of the Defendant, including his own share, to the Defendant on August 29, 2019, based on the ratio of responsibility determined by the deliberation of the above E Deliberation Committee, based on the automobile insurance contract for the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 5, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s summary of his claim is the Defendant’s driver’s duty of safe driving by disregarding on-and-off signals in violation of the Plaintiff’s duty of safe driving and making it unreasonable for the Defendant to enter the instant intersection to drive safely.