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(영문) 서울중앙지방법원 2017.08.29 2017나15248
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the decision of the committee for deliberation on the dispute over indemnity amount No. 43 on May 25, 2016 at the time of the insured vehicle A, the insured vehicle A, the insured vehicle A, and the insured vehicle B, the insured vehicle B, the insured vehicle B, and the decision of the committee for deliberation on the dispute over indemnity amount No. 4, 17:05, but it is clear that

The insured vehicle in the vicinity of the collision to the intersection in Songpa-gu Seoul Metropolitan City, Songpa-gu, and the defendant's insured vehicle was moving to the left in the same direction and turn to the left in the same direction. While the defendant's insured vehicle changed to the two lanes, the defendant's insured vehicle is known to the maximum of 50,000,000 won for self-employed vehicle damage of all the motor vehicle insurance companies in our country, the insured vehicle's self-paid fee is paid in 3,560,000,000 won within the limit of 20% of the amount of damages.

In other words, the insured's self-charges is the maximum of 50,000 won within the limit of 25% (0.2±0.8) of the amount of insurance money paid by the insurance company.

The Defendant filed an application with the Plaintiff for adjustment of the deliberation of the amount of indemnity regarding the instant accident, and on August 29, 2016, the Deliberation Committee on the Amount of indemnity decided that the Plaintiff should pay KRW 356,00 to the Defendant by deeming that the rate of negligence regarding the instant accident was 1:9, and the Plaintiff filed an application for reexamination, but the Deliberation Committee on the Amount of indemnity decided on October 31, 2016 that the result of the lower judgment should be maintained.

On November 24, 2016, the Plaintiff paid KRW 356,000 to the Defendant, and immediately filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 6-1, 2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident occurred due to the unilateral negligence of the Defendant’s insured vehicle, and the full amount of the payment paid by the Plaintiff.

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