부당이득금
1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff corresponding to the amount ordered to be paid shall be revoked.
2...
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A Freight (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B Passenger Vehicles (hereinafter “Defendant Vehicles”).
B. On September 4, 2015, around 23:30, the Defendant’s vehicle shocked the E-vehicle that was driven in the front section of the National Highway No. D, D, 23 adjacent to the Hasan-si, Hasan-si, and shocked the centralized separation zone, and due to its shock, the front wheels of the Defendant’s vehicle fell into the opposite lane beyond the central separation zone.
around that time, FObaba, which was proceeding with the above opposite lane (hereinafter “the instant Obaba”), was far away from the road and exceeded the above road by shocking the front wheels of the Defendant’s vehicle.
(hereinafter referred to as “the primary accident”). After that, the Plaintiff’s vehicle driven along the above opposite lane and shocked the instant Obaba (hereinafter referred to as “the second accident”) going beyond the said road (hereinafter referred to as “the instant accident”), and referring to the first accident and the second accident, and hereinafter referred to as “the instant accident”).
After the Defendant paid the insurance money due to the instant accident, etc., the Defendant filed a claim against the Plaintiff for a dispute with the Plaintiff by asserting that the negligence of the Plaintiff’s vehicle on the instant accident led to 80%. The indemnity payment deliberation committee recognized the liability ratio of the Plaintiff’s vehicle on the instant accident as 60%, and decided to deliberate and resolve that the Plaintiff would pay KRW 18,893,790, an amount according to the Defendant’s liability ratio out of the insurance money equivalent to the above repair cost paid by the Defendant to the Defendant.
Accordingly, the Plaintiff paid KRW 18,893,790 to the Defendant by September 20, 2016 in accordance with the above decision of deliberation and coordination, and thereafter filed the instant lawsuit against the above decision of deliberation and coordination.
【In the absence of dispute, the grounds for recognition, Gap's 1 through 6, Eul's 1 and 2, and the purport of the whole pleadings.