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(영문) 서울중앙지방법원 2020.08.19 2019나66226

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. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C with respect to D vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant”).

B. On March 28, 2018, the Plaintiff’s vehicle entered the intersection from the shooting distance of 296 Incheon Port to the left left-hand turn from the shooting distance of 296 Incheon Port to the right-hand turn-hand turn-hand turn-hand turn-hand, and the vehicle stops within the intersection due to the vehicle’s body and re-turns while proceeding, signaled in the direction of the F apartment.

We conflict with the defendant vehicle starting from green light.

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

Accordingly, on August 6, 2018, G filed a request with the Plaintiff for deliberation and resolution with the G Committee (hereinafter “G”), and G opened the date for deliberation on the instant accident, and the ratio of liability between the Plaintiff and the Defendant’s vehicle is 50%, respectively. Of the insurance money paid by the Defendant to the victim (the amount of KRW 2,188,000, KRW 500,000, KRW 1,344,000 (the amount of deliberation) corresponding to the above ratio of liability (the amount of KRW 2,188,000, KRW 500) was determined on August 30, 2018.

According to the mutual agreement, the claimant may file a lawsuit against the claim amount dispute that is subject to the decision of the G within 14 days from the date of receiving the notice of the decision of the G. The respondent may file a lawsuit against the claimant regarding the claim amount dispute, such as filing a lawsuit against the claimant for the return of unjust enrichment after performing his/her obligations such as the G Adjustment Order. However, if the claimant or the respondent does not file a request for review or file the above lawsuit within 14 days from the date of receiving the notice of the decision of the G, the decision of the Deliberation Committee shall be finalized, and if the decision of the