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(영문) 서울중앙지방법원 2019.08.14 2019나17699
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On June 8, 2018, at around 12:30, the Defendant’s vehicle waiting in the two-lane, the right-hand left-hand way, among the three-lane roads near Bupyeong-gu, Incheon, Bupyeong-gu, the two-lanes of the two-lanes of the two-lanes of the two-lanes. In this case, the Plaintiff’s vehicle and the two-lanes of the two-lanes of the two-lanes were shocked with the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Defendant paid KRW 1,349,610 at the repair cost of the Defendant’s vehicle due to the instant accident.

Since then, the Defendant filed an application for deliberation and coordination of the instant accident with the F Deliberation Committee (hereinafter “Deliberation Committee”).

On October 22, 2018, the Deliberation Committee held a deliberation date and determined the ratio of liability between the Plaintiff and the Defendant’s vehicle to 50% by taking into account “the career change, accident site, shock area, etc. of both vehicles”. D.

On October 30, 2018, the Plaintiff paid KRW 674,800 (the Defendant’s expenditure amounting to KRW 1,349,610 x 50% x less than KRW 10%, and less than KRW 10 hereinafter the same shall apply) in accordance with the purport of the above decision. However, on October 29, 2018, the Plaintiff expressed his/her intent to file a lawsuit against the Defendant against the decision of the Deliberative Committee, which is within the objection period, and the Defendant consented to the lawsuit on October 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, or the purport of whole pleadings

2. Determination

A. The driver of any motor vehicle who intends to change course of the motor vehicle shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver intends to change the course (Article 19(3) of the Road Traffic Act). In full view of the evidence and the purport of the entire pleadings, the motor vehicle is the left left-hand turn.

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