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(영문) 서울중앙지방법원 2019.01.22 2018나53605
부당이득금
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. Around November 17, 2017, the Plaintiff’s vehicle entered the intersection in accordance with the vehicle straight line signal at the Jinsan-gu E-distance Intersection in the front city of 18:20 on Nov. 17, 2017. The Defendant’s vehicle, who entered the intersection and was under protection of the left and left-hand turn at the intersection, met the left-hand side of the Plaintiff vehicle in front of the left-hand side of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On February 19, 2018, the Defendant decided to adjust the negligence ratio of the Plaintiff’s driver and the Defendant’s driver of the vehicle to 20%, respectively, according to the claim for deliberation of the dispute over indemnity, which was held by the Defendant against the Plaintiff, and the said decision became final and conclusive thereafter.

(hereinafter “instant decision”) D.

Plaintiff

On April 26, 2018, the Plaintiff, the insurer of the vehicle, paid KRW 7,854,000 to the Defendant as a reimbursement related to the repair cost of the Defendant vehicle on April 26, 2018.

E. On April 25, 2018, the Plaintiff sent to the Defendant a written request for consent to the instant accident to the effect that “I will request the instant lawsuit as an objection to the instant decision,” and the Defendant sent to the Plaintiff a reply stating that “I consent to the instant lawsuit.”

F. Article 28(1) of the Mutual Agreement on the Deliberation of Settlement of Claims for Compensation of Automobile Insurance has the same effect as the agreement has been reached between the claimant and the respondent, when the decision of the Deliberative Committee on Settlement of Claims has become final and conclusive. In this case, the respondent bears the same obligation as the order of the final and conclusive conciliation decision against the claimant, and shall implement it without delay.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 10, and Eul No. 1 through 1.

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