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(영문) 부산지방법원 2019.04.17 2018나59472
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are corporations running respective automobile accident insurance business. The Plaintiff and the Defendant concluded a comprehensive automobile insurance contract with the driver (the Plaintiff’s Intervenor) of DNA Abeon vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant concluded the automobile insurance contract with the driver of E Abeon vehicle (hereinafter “Defendant vehicle”), respectively.

B. Around 17:20 on December 7, 2016, the Plaintiff’s vehicle was proceeding one lane of the four-lane road along the border road located in Yangsan-si, Seosan-si, which is located in the Dong-do. (2) The Plaintiff’s vehicle demanded that the vehicle be raised and yield the two-lanes at the rear side of the said expressway, thereby changing its course to the two-lanes before the Defendant vehicle driving along the two-lane. The Defendant vehicle used the Plaintiff’s vehicle to change its course to the one-lane road while avoiding the Plaintiff’s vehicle, while driving the two-lanes. (3) The Plaintiff’s vehicle changed its course to the one-lane by avoiding the Plaintiff’s vehicle.

3) However, the Plaintiff’s vehicle changed its course to a one-lane and moved ahead of the Defendant’s vehicle. The Defendant’s vehicle tried to change its course to a two-lane after flickeringing its right direction, etc. in order to avoid the Plaintiff’s vehicle, and the Plaintiff’s vehicle tried to change its course to a two-lane. 4) In that process, the Defendant’s vehicle lost its ability to flag and came to go beyond a four-lane, and thereby, the collisions on the side of the freight vehicle in the four-lane.

(hereinafter “instant accident”). C.

The defendant who pays the plaintiff's indemnity payment shall pay the insurance money of KRW 6,751,00, equivalent to the physical damage amount of the defendant's vehicle and freight vehicle due to the accident in this case, and then the mutual agreement on the deliberation of automobile insurance disputes, alleging that the occurrence of the accident in this case was negligent.

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