logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.16 2018나3747
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On January 29, 2014, around 05:35, the Plaintiff’s vehicle turned the two lanes of the three-lane road in front of the Chungcheong Broadcasting, Cheongcheon-si, Gocheon-si, into the left side of the front side of the Plaintiff’s vehicle, and the two-lanes of the three-lane road in front of the Chungcheong Broadcasting, from the right side of the intersection to the lower side of the Plaintiff’s vehicle.

(hereinafter “instant primary accident”). C.

After the first accident of this case, C (hereinafter referred to as the "victim") moved about about 71 meters along the center line of the above road in the direction of the plaintiff's vehicle. The defendant vehicle moved about a three-lane road adjacent to the road on which the plaintiff's vehicle is running to the right side of the front side of the defendant vehicle, while driving towards the right side of the road along the right side of the road along which the plaintiff's vehicle is running to the right side of the road.

(hereinafter “instant secondary accident”). D.

After the second accident of this case, the victim died immediately, and the defendant paid KRW 63,748,450 as insurance money for the damage caused by the death of the victim.

E. On June 19, 2017, the Defendant filed a request with the Plaintiff for deliberation by the Motor Vehicle Dispute Resolution Committee (hereinafter “Deliberation Committee”). On the victim’s death, the Deliberation Committee decided to calculate the rate of fault between the Plaintiff’s vehicle and the Defendant’s vehicle to 2:8. Accordingly, the Plaintiff’s objection and filed a request for reexamination. On July 31, 2017, the Deliberation Committee finally decided to calculate the rate of fault between the Plaintiff’s vehicle and the Defendant’s vehicle to 1:9.

F. The Plaintiff’s decision to review the case on August 17, 2017 = 6,374,840 won to the Defendant on August 17, 2017 = 63.

arrow