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(영문) 서울남부지방법원 2019.06.20 2018나65772
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

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

B. On November 30, 2017, around 19:19:19, the Plaintiff’s vehicle driven in the two lanes on the five-lane road in Jung-dong, Jung-gu, Incheon, Jung-gu, Incheon, and the Defendant’s vehicle driven in the three-lane (hereinafter “instant accident”).

C. Mediation decision of the committee for deliberation on disputes over indemnity insurance (1) A mutual agreement on deliberation on disputes over indemnity insurance (hereinafter “instant mutual agreement”).

(2) The Plaintiff and the Defendant filed an application for deliberation of disputes over recourses established pursuant to Article 10 of the instant mutual agreement in relation to the instant accident with the Plaintiff as the respondent (hereinafter referred to as the “Deliberation Committee”) on the grounds that the liability for automobile insurance or automobile mutual aid as prescribed by the Guarantee of Automobile Accident Compensation Act competes with each other, with the aim of reasonable and economic resolution of disputes arising between the insurer or mutual aid business operator regarding the existence of liability and the scope of liability (Article 1 of the instant mutual agreement). The Plaintiff and the Defendant are the parties to the agreement to which the instant mutual agreement is applied. (2) The Defendant filed an application for deliberation of disputes over recourses established pursuant to Article 10 of the instant mutual agreement in relation to the instant accident with the Plaintiff as the respondent. The Deliberation Committee, as a result of deliberation on June 15, 2018, determined 90% of the negligence of the driver of the Plaintiff’s vehicle, and 10% of the negligence of the Defendant driver’s vehicle, and ② the amount to be paid to the Defendant in relation to the “determined amount.”

3 both the plaintiff and the defendant shall file a petition for review or file a lawsuit within 14 days from the date of receipt of a notice of decision of the Review Committee.

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