부당이득금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 11,370,693 and KRW 5,685,346 among them.
1. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. At around 09:40 on April 25, 2016, the Defendant’s vehicle runs along the three-lanes of the three-lane road in the vicinity of the Sejong king (it refers to an intersection that can be transferred to the non-protective Zone) located in 984-5, Sejong-si, Seoul Special Metropolitan City, according to the one-lanes of the interest business distance from the etrop bank.
On the other hand, the left-hand turn was made to the string apartment.
C. The Plaintiff’s vehicle is proceeding along the two-lanes of the three-lane road near the above shooting distance, which is located on the side of the entertainment business distance.
In order to find the defendant vehicle who is at the left-hand turn and avoid collision, the direction was set to the right-hand side in order to avoid collision, but the defendant vehicle continued to make a left-hand turn and proceeded on the left-hand side in order to avoid collision, and the vehicle c (hereinafter referred to as “victimd vehicle”) with the opposite three-lanes.
(hereinafter “instant accident”). D.
The Defendant paid the insurance money of KRW 37,902,310 in total for the medical expenses, etc. of the affected vehicle passengers due to the instant accident, and filed a petition for deliberation with the committee for deliberation on the disputes over the rate of fault regarding the instant accident (hereinafter “Deliberation Committee”). The Deliberation Committee recognized the negligence of the Plaintiff vehicle as 30% and the negligence of the Defendant vehicle as 70%, and decided to deliberate and coordinate the Plaintiff’s payment of KRW 11,370,693, which is equivalent to 30% of the above insurance money to the Defendant.
On November 14, 2016, the review committee made a decision of re-deliberation to maintain the decision of re-deliberation adjustment.
E. On December 7, 2016, the Plaintiff paid KRW 11,370,693 to the Defendant on the same day according to the decision of re-deliberation, and filed the instant lawsuit on the same day.
F. Meanwhile, on the other hand.