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(영문) 서울중앙지방법원 2018.12.21 2018나50606
부당이득금 반환
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 a mutual aid business entity that has entered into a mutual aid agreement with respect to Asi Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 7, 2016, around 14:25, the Defendant’s vehicle met with the pedestrian C (hereinafter “victim”) (hereinafter “victim”) who satise the crosswalk at the intersection where the traffic control had not been performed in front of the 11 week on the side of Suwon-si, Suwon-si, and where the traffic control had not been performed, the Defendant’s vehicle shocked to turn to the left, and thereby, the Defendant’s vehicle shocked the front part of the driver’s seat of the Plaintiff vehicle (hereinafter “the instant accident”). Accordingly, the victim suffered from the injury, such as satisfeing the ple that needs to be treated for 12 weeks.

C. On February 12, 2018, the committee for deliberation on indemnity charges filed a petition with the Plaintiff as the respondent, and on February 12, 2018, the committee for deliberation on indemnity charges determined the ratio of liability of the Plaintiff’s and the Defendant’s vehicle to the liability of the Plaintiff’s vehicle, 5,983,920 won (=19,983,920 won x 30%) equivalent to the ratio of liability of the Plaintiff’s vehicle, among the Defendant’s total claim amount, as the Plaintiff’s vehicle and the Defendant’s vehicle, are more serious. However, the accident between pedestrians and the applicant’s vehicle (the Plaintiff’s vehicle) is due to the Defendant’s failure to perform his/her duty of temporary suspension despite being crossing the Plaintiff’s vehicle at the crosswalk.

On February 23, 2018, the Plaintiff is above the Plaintiff.

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