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(영문) 광주지방법원 2017.05.31 2016나57372

부당이득금

Text

1. Of the judgment of the court of first instance, KRW 38,190,992 against the Plaintiff and its related thereto, from March 5, 2016 to May 31, 2017.

Reasons

1. Basic facts

A. On March 11, 2014, A driven a large bus B (hereinafter “Defendant vehicle”) on March 11, 2015:40, while driving a 2014, a three-lane of the four-lane front of the D2nding station in the Gwangju Mine District C, and driving the four-lane off from the luminous boundary to the luminous boundary, leaving the yellow signal, before entering the intersection at the entrance of the new zone. E driving a F lus vehicle (hereinafter “Plaintiff vehicle”) and stopping in two-lanes from the boundary of the new zone to the new zone, and then, the transition signal was immediately changed to the intersection, while driving the two-lane change from the front stop line to the two-lane.

Accordingly, the Defendant’s vehicle has shocked the front part of the left side of the Plaintiff’s vehicle on the right side of the front part, and each injury was inflicted on G, I, I,O, K, and M (hereinafter “G, etc.”) by a chain shocking the vehicle of G driving, JK3, K K5, K driving LV, and M’s Nlearning car in the direction opposite to the direction of its proceeding.

(hereinafter “instant accident”). B.

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to

C. After paying the sum of KRW 190,062,460 to G, etc., the Defendant asserted that the ratio of the negligence between the Plaintiff’s vehicle and the Defendant’s vehicle in the instant accident is 50:50, and claimed deliberation by the Automobile Insurance Dispute Council. However, according to the mutual agreement between the non-life insurers on the dispute over indemnity amount, the Plaintiff paid KRW 95,209,730, which is the amount of indemnity claimed by the Defendant, to the Defendant, and then, it is inevitable to file a lawsuit.