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(영문) 의정부지방법원 2017.11.02 2017나207254

부당이득금 반환

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. With respect to A and B vehicles (hereinafter “Plaintiff vehicles”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. A, around 13:05 on July 5, 2016, when driving the Plaintiff’s vehicle and making a left-hand turn from the long distance of the National Bank located in Gyeyang-gu, Seoyang-gu, Samyang-gu to the left-hand turn, an accident that conflicts with the Defendant’s vehicle that was made by right-hand at the right-hand turn.

(hereinafter “instant accident”). C.

After compensating for the repair cost of the Defendant’s vehicle, the Defendant claimed deliberation to the committee for deliberation on the rate of fault in the instant accident of the Plaintiff and the Defendant’s vehicle.

On October 31, 2016, the committee for deliberation on indemnity charges rendered a decision to deliberate and coordinate the amount of the Plaintiff’s liability to KRW 205,209, with the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle 30:70, and accordingly, the decision to deliberate and coordinate the amount of the Plaintiff’s liability to KRW 205,209, and the written decision to deliberate and coordinate is written on November 24,

On November 25, 2016, the Plaintiff paid the Defendant the above KRW 205,209, and filed the instant lawsuit on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 2-6, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The Defendant’s defense purport became final and conclusive prior to the filing of the instant lawsuit, and thus, the instant lawsuit is unlawful.

B. In light of the following facts and circumstances, the instant lawsuit is unlawful as there is no benefit in the protection of rights, in view of the following facts and circumstances, which can be acknowledged by comprehensively taking account of the aforementioned evidence as well as the evidence Nos. 3-1 and 2-2.

1. The insurer, including the plaintiff and the defendant, and the mutual aid operators are both liable for the automobile insurance or automobile mutual aid as stipulated in the Guarantee of Automobile Accident Compensation Act.