(영문) 서울중앙지방법원 2018.03.28 2017가단5197694

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(영문) 서울중앙지방법원 2018.03.28 2017가단5197694

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Category C car owned by the Plaintiff (hereinafter “Defendant”) with respect to the Plaintiff-owned Cargo Vehicles A (hereinafter “Plaintiff-owned Vehicles”).

B. Around 00:40 on September 16, 2015, while driving the Defendant’s vehicle under the influence of alcohol of 0.141%, B caused an accident where the front road of the E-factory located in Daegu Western-gu D was intended to change the lane from the side of the Hosan Park to the STX Factory while driving along one lane among the two-lane roads, and where the Plaintiff’s vehicle was parked in two-lanes, the left corner portion of the Plaintiff’s vehicle’s loaded onto the front right side of the Defendant’s vehicle.

(hereinafter “instant accident”). The instant accident was killed by F, who was on board the Defendant’s vehicle.

C. The Defendant paid KRW 330,00,000 to the heir of F who died due to the instant accident, and then filed a claim for deliberation against the Plaintiff at the Dispute Resolution Committee on Automobile Insurance Claim (hereinafter “Dispute Resolution Committee”).

On July 3, 2017, the Dispute Deliberation Committee decided that the Plaintiff would pay KRW 33,00,000 to the Defendant on the ground that the Plaintiff’s negligence due to the illegal parking of the Plaintiff’s driver of the instant vehicle would be 10%, and that the Plaintiff would pay KRW 33,00,000 to the Defendant.

On July 19, 2017, the Plaintiff paid 33,000,000 won (=330,000,000 x 10%) equivalent to the fault ratio of the Plaintiff’s vehicle according to the decision of the Dispute Review Committee among the insurance money paid by the Defendant to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 15 evidence, Eul 1 and 2 evidence (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the instant accident occurred is an excessive driving by the driver of the Defendant vehicle while driving the instant accident under the influence of the driver.

유사 판례

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-대구지방법원 2017.03.23 2016나309556

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