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(영문) 부산지방법원 2016.09.07 2016나575
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 378,825 as well as to the plaintiff on April 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with B, the owner and driver of the Plaintiff’s private taxi (hereinafter “Plaintiff”). The Defendant is an insurer that entered into a comprehensive motor vehicle insurance contract with C (hereinafter “Defendant”).

B. On February 5, 2014, at around 20:38, the Defendant’s vehicle was left left alternately from the first lane to the left-hand turn on the left-hand turn on the side of the two-lanes of the U.S. flight route in Busan East-dong, Busan-dong, the vehicle matched with the Plaintiff’s vehicle that left the left-hand turn alternately from the first lane in the same way among the four-lanes in the same U.S.

(hereinafter referred to as “first accident”). (c)

The Defendant’s vehicle did not immediately operate the vehicle immediately after the first accident, and proceeded in the opposite direction to the opposite direction on the alternate side beyond the safety zone, and shocked the D vehicle directly driven in that part.

(hereinafter referred to as “the second accident”). D.

After paying KRW 2,525,50,00 for D vehicle repair costs and KRW 671,50 for D vehicle repair costs due to the second accident to E who is the owner of D vehicle, the Defendant filed a request with the Deliberation Committee on the Settlement of Automobile Claims for deliberation to seek payment of KRW 2,525,500 for the Plaintiff. On March 30, 2015, the Motor Vehicle Reimbursement Deliberation Committee concluded that the Plaintiff would pay KRW 2,525,500 for the Defendant’s vehicle repair costs and KRW 631,375 for the said KRW 25% for the Defendant’s vehicle repair costs.

E. On April 17, 2015, the Plaintiff once paid KRW 631,375 to the Defendant, and filed the instant lawsuit on April 20, 2015.

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 8, or the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion Nos. 1 and 2 of the instant case occurred due to the total negligence of the Defendant’s vehicle, even if the Defendant received KRW 631,375 from the Plaintiff as a reimbursement, and acquired without any legal cause.

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