부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a mutual aid business entity which has entered into a mutual aid agreement with respect to a bus A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to a vehicle B ASEAN (hereinafter “Defendant vehicle”).
B. On November 5, 2013, around 18:10 on November 5, 2013, the Plaintiff’s vehicle was in contact with the Defendant’s vehicle that changed the course from three lanes to two lanes while driving the two lanes in front of the 88th sports center in Nam-gu, Incheon Metropolitan City.
(hereinafter “instant accident”). C.
The defendant paid insurance money of KRW 9,928,00 at the repair cost of the defendant's vehicle, and filed a claim against the plaintiff for deliberation by the committee for deliberation on disputes over indemnity under 2013-026294.
On May 26, 2014, the committee for deliberation on indemnity has decided to set the Plaintiff’s liability ratio of 10%, and the Plaintiff paid KRW 92,800 to the Defendant according to the above decision.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Plaintiff asserts that the instant accident was entirely caused by the Defendant’s negligence, and the Defendant asserts to the effect that the Plaintiff had a reasonable negligence on the Plaintiff’s driver.
3. In full view of the overall purport of the pleadings in video images of the evidence No. 5-1 to No. 8, the following facts are found: (a) the vehicle was stopped on both sides of the vehicle due to the vehicle’s string; (b) the vehicle in the front section of the defendant’s vehicle turned down slowly; (c) the vehicle was stopped on two-lanes; and (d) the vehicle was stopped on the front section of the vehicle; and (e) the front section of the vehicle’s right side of the plaintiff’s vehicle and the left side of the vehicle of the defendant’s vehicle are facing each other; and (e) the instant accident in light of the circumstances leading up to the said accident and the degree of collision of both vehicles, the driver of the defendant’s vehicle attempted to change the lanes by provokinging