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 a mutual aid operator who entered into an automobile mutual aid agreement to compensate for damages incurred by the operation of the D bus owned by C Co., Ltd. (hereinafter “instant bus”).
The defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to F vehicle owned by E (hereinafter referred to as “Defendant vehicle”).
B. On January 17, 2018, E driving the Defendant vehicle, around 22:40, and entered the third straight line of the straight line (hereinafter “instant road”) with the flow of the straight line (hereinafter “instant road”) in Seo-gu, Seo-gu, Incheon, Seo-gu.
G vehicle running along the third lane of the instant road (hereinafter referred to as the “small vehicle”) discovered and speeded the Defendant vehicle that changes the vehicle while changing the vehicle to the second lane, and the instant bus driven along the second lane of the instant road was shocked by Nonparty 2, and accordingly, the instant bus driven along the second lane of the instant road, which led to the collision of the rear part of Nonparty 1 and the occurrence of an accident of towing Nonparty 1 and Defendant 1.
(hereinafter “instant accident”). The instant bus, Defendant vehicle, and Nonparty 1 were destroyed due to the instant accident, and nine passengers in the instant bus and the driver of Nonparty 1 suffered injuries.
C. The decision of the H Deliberation Committee and the Defendant filing the instant lawsuit filed a request to the H Deliberation Committee (hereinafter “Deliberation Committee”) for deliberation on the part of KRW 50,000 as the Plaintiff as the Defendant’s victim of the instant accident.
On October 29, 2018, the Deliberation Committee set 30% of the negligence of the instant bus and 70% of the negligence of the Defendant vehicle, and sent a written decision of the Deliberation Committee stating the closing date for objection to the Defendant on November 22, 2018.
The enforcement rules of the mutual agreement on the deliberation of the dispute over compensation for automobile insurance provide that the agreement shall be deemed to have been served ten days after the date of deliberation.
§ 26.4.