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(영문) 서울중앙지방법원 2019.05.23 2018나59641

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the D vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the comprehensive automobile insurance contract with respect to the E vehicle (hereinafter “Defendant”).

B. On August 24, 2017, around 00:50 on August 24, 2017, the Plaintiff’s vehicle is proceeding four-lanes at the intersection of the Sungdae-dong, Gangnam-gu, Seoul.

The driver changed the course to a three-lane due to the breakdownd vehicle stopped on the front side of the plaintiff's vehicle and brought the front side of the defendant's vehicle driving the three-lane to the left side of the plaintiff's vehicle.

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

On February 13, 2018, the Defendant filed an application with the Plaintiff for deliberation and resolution of the instant accident with the committee for deliberation and resolution of the instant accident, and the committee for deliberation and resolution of the amount of indemnity shall be 80:20,000 won and the Plaintiff shall pay KRW 2.68,00 (the total amount of damages 3.350,000 won) to the Defendant (hereinafter “instant decision”).

Accordingly, the Plaintiff paid a total of KRW 3,080,000 ( KRW 500,000) to the Defendant plus KRW 4,000 ( KRW 80,000) for the said KRW 2.68 billion, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. Determination

A. According to the mutual agreement on the deliberation of dispute over reimbursement of automobile insurance concluded between the Plaintiff and the Defendant, the Defendant determined that the instant claim is unlawful, where the Plaintiff and the Defendant did not make a request for re-deliberation under Article 25 or bring a lawsuit under Article 26 within 14 days from the date of receipt of the notice of decision of the Deliberative Committee (Article 27), the decision of the Deliberative Committee has the same effect as the order of the decision becomes final and conclusive (Article 28), and there was no request for re-deliberation or lawsuit within the said period, and thus, the agreement has been concluded.