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(영문) 서울중앙지방법원 2015.06.18 2014나35562

부당이득금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A dump vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B car vehicles (hereinafter “Defendant vehicle”).

B. On December 26, 2013, at around 09:15, the occurrence of the accident occurred, C driven the Plaintiff’s vehicle, traveling along the intersection of the Taenam city along the three-lane in the direction of the Taenam city, between the four-lane road in the direction of the Taenam city, and passed the intersection, and then entered and operated the two-lane in the same direction as the Plaintiff’s vehicle at the same time, and the Defendant’s vehicle passing through the said intersection from the right side to the two-lane in the same direction as the Defendant’s vehicle at the end of the horse in the same direction as the Plaintiff’s horse at the end of the intersection, resulting in an accident facing the two-lane change of the two-lane and proceeding along the two-lane, and the two-lane back part of the front right-hand one and the rear part of the Defendant’s driver’s seat.

(hereinafter referred to as “instant accident.” After the accident, the final stop location of each vehicle is over one lane and two lanes prior to the entry of the Plaintiff vehicle into the crosswalk, and the Defendant vehicle is two lanes prior to the accident.

C. The Defendant decided to pay KRW 1,925,00 (hereinafter “the instant insurance proceeds”) as the repair cost of the Defendant’s vehicle, and then filed a petition for deliberation of dispute according to the instant accident with the Plaintiff at the committee for deliberation on the dispute over automobile insurance (hereinafter “former deliberation”) and filed a petition for deliberation of dispute pursuant to the instant accident with the Plaintiff as the Defendant. While the former deliberation committee cannot be found to have changed the number of vehicles on March 24, 2014, the Plaintiff and the Plaintiff’s liability ratio were 70:30, considering that each vehicle’s shock level and the Plaintiff’s dump truck are dump trucks, the Plaintiff considered that the ratio of liability between the Plaintiff and the Defendant was 70:30, and the Plaintiff decided to deliberate and coordinate to pay the Defendant the amount of KRW 1,347,500 equivalent to 70% of

The plaintiff.