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(영문) 서울중앙지방법원 2019.12.24 2019나47539
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. 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 circumstances surrounding the instant accident are as follows.

At the time of the accident, the Plaintiff’s insured vehicle (hereinafter “Plaintiff”), the Defendant insured vehicle (hereinafter “Defendant vehicle”), at the time of the accident, changed the course from 3 lanes to 2 lanes in the situation of the collision of the wife population E at the location of 08:10 on October 26, 2017, the Plaintiff Company changed the course from 3 lanes to 3 lanes. In order to avoid drilling with the Plaintiff’s vehicle, the Defendant, who used the two lanes, was faced with the front part of the right part of the Non-Party Victim’s damaged vehicle driven at the first lane while changing the course to 1 lane in order to avoid drilling with the Plaintiff’s vehicle. On the other hand, the Defendant continued to take the fourth day of the center line of the road, and reconvened with the Non-Party Victim’s damaged vehicle in the direction of half-distance. The amount of insurance proceeds paid to the Non-Party’s 2,736,624

B. The Defendant, as the insurer of the Defendant, paid the insurance proceeds of KRW 2,736,624 on the side of the damaged vehicle, filed a claim for deliberation of the instant accident with the committee for deliberation on the dispute over the claim for reimbursement of automobile insurance (hereinafter “Deliberation Committee”).

C. On May 21, 2018, the Deliberation Committee deemed the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to be 30:70,00, and decided that the Plaintiff should pay KRW 820,987, which is 30% of the total amount of damages 2,736,624, to the Defendant. Accordingly, the Defendant appealed and requested a retrial. On July 16, 2018, the Deliberation Committee, which is composed of four members, deemed the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to be 40:60, and decided that the Plaintiff shall pay KRW 1,094,649, which is 40% of the total amount of damages (hereinafter “instant decision”).

On September 28, 2018, after the decision of this case became final and conclusive, the Plaintiff paid the Defendant the above KRW 1,094,640 to the Defendant, and on the same day, received a written consent from the Defendant to proceed with the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap 3 through 7 (including a branch number), the purport of the whole pleading

2. On the instant accident.

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