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(영문) 서울중앙지방법원 2015.07.16 2014나65037

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to B private taxi owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with respect to D automobiles owned by C (hereinafter “Defendant vehicle”).

B. At around 19:15 on December 18, 2013, A driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle into the front part of the Defendant’s vehicle, driving the Defendant’s front part of the front part of the Plaintiff’s vehicle, driving the vehicle directly passing the said intersection on the front side of the right side of the Plaintiff’s vehicle, and driving the vehicle from the front side of the Defendant’s vehicle (hereinafter “non-party vehicle”) located on the right side of the front side of the Non-Party’s vehicle, which was located on the right side of the Plaintiff’s vehicle, when the vehicle signal turned into the front part of the front part of the Non-Party’s vehicle (hereinafter “non-party vehicle”) that was located on the right side of the Defendant’s vehicle, and turned into the front part of the front part of the Defendant’s vehicle, despite the fact that the vehicle signal was turned into a stop signal at the right side of the front side of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

After paying a sum of KRW 26,160,00 for the repair cost of the Defendant’s vehicle and KRW 700,000 for the repair cost of the Nonparty’s vehicle due to the instant accident, on March 31, 2014, the Defendant filed a request with the Plaintiff for deliberation seeking full payment of the said money to the Deliberative Committee on the Claim for Compensation for Automobile Insurance (hereinafter “Deliberative Committee”). On June 30, 2014, the Deliberation Committee set the Plaintiff’s negligence as 100% and decided to deliberate and coordinate the decision by the Deliberation Committee on the Plaintiff’s negligence as 10%, the Plaintiff paid the said KRW 26,160,000 to the Defendant by July 16, 2014.

[Reasons for Recognition] In without dispute, Gap evidence 1, 2, 4, 6, 7 evidence, Eul evidence 1 to 3 (including a serial number) or video, the result of this court's black records and video verification, and arguments.