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(영문) 서울중앙지방법원 2017.03.17 2016가단5190979

부당이득금

Text

1. The Defendant’s KRW 22,018,200 as well as 5% per annum from August 26, 2016 to March 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automatic self-insurance contract with respect to B Kanknche vehicle B owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to D Kanche vehicle owned by C (hereinafter “Defendant”).

B. At around 07:35 on February 15, 2016, C of the instant accident: (a) driven by the Defendant’s vehicle and driven the intersection in front of the Plaintiff’s vehicle in Busan Shipping Daegu, and was driven by violating the vehicle stop signal at three-lanes depending on the three-lane speed from the front section of the film hall to the front section of the front section of the Defendant vehicle; (b) the location of the crosswalk was the front section of the Defendant vehicle, along with the pedestrian signal, sent the crosswalk to the left side on the right side of the running direction of the vehicle.

Due to the above shock, E was sent to the right wheels of the Defendant’s vehicle (hereinafter “the primary accident”), and the Plaintiff’s vehicle proceeding in the same direction behind the Defendant’s vehicle was sent to the right wheels of the Defendant’s vehicle.

(hereinafter referred to as "the second accident") E died due to the high level of damage to chests at the site of the instant accident.

C. The defendant's payment of insurance money and the result of deliberation by the committee for deliberation on disputes over reimbursement of automobile insurance (1) the defendant pays 73,394,000 won of insurance money as compensation for death of E, and the committee for deliberation on disputes over reimbursement of automobile insurance

(2) On July 25, 2016, the Deliberation Committee decided that the ratio of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle should be 30%:70%, and the Plaintiff should pay KRW 22,018,200 to the Defendant.

3) Accordingly, the Plaintiff obtained consent from the Defendant to finally deal with the claim for reimbursement arising from the said traffic accident according to the outcome of the lawsuit, and paid KRW 22,018,200 to the Defendant on August 12, 2016 (hereinafter “instant claim for reimbursement”).

(i) [In fact that there is no dispute over the basis of recognition, Gap evidence 1 to 7, Gap evidence 9-7, 20, 21 respectively;