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(영문) 서울중앙지방법원 2018.05.03 2017나87571

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. A claim for return of unjust enrichment relating to a traffic accident that occurred at an on-road parking lot in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Busan, on June 14, 2017, around 08:40;

2. The instant accident is an accident caused by shocking the side part of the Plaintiff’s vehicle (B) that the Defendant’s vehicle (A) moving down at the parking zone along the apartment parking zone along the parking lot passage. The instant accident site is a parking lot where the vehicle and the exit of the vehicle are frequent. All vehicles in the parking lot should be driven down to the extent that they can move the surrounding vehicle and move at any time. The Defendant’s vehicle should have checked back from the parking zone in the parking zone, and should have checked back to the front, front, left, and left well by checking the passage of the vehicle in the front, left, and left well. However, the instant accident occurred after checking whether there is a vehicle driving along the passage of the vehicle in the parking lot, and the Plaintiff’s vehicle also proceeds directly along the passage of the parking lot, while checking whether there is a vehicle traveling in the front, left, and left well, and it is reasonable to view that the accident occurred by the Defendant’s negligence in light of the purpose of the instant accident and the rate of the vehicle’s negligence, as seen earlier, and the Plaintiff’s vehicle’s accident occurred.

3. The plaintiff's appeal is without merit.