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(영문) 서울중앙지방법원 2020.01.07 2019나28163 (1)
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. With respect to D vehicles (hereinafter “Plaintiff vehicles”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On May 12, 2018, the Defendant claimed KRW 554,450,00, which deducted the Defendant’s self-paid charges from KRW 200,000,00, out of the above KRW 754,450, by asserting that there was a collision between the Defendant’s vehicle’s left-hand turn on the right-hand side of the Defendant’s vehicle and the left-hand side of the Plaintiff’s vehicle in the direction of the law steering distance at the two-lanes of the five-lanes of the horizontal distance (hereinafter “instant shooting distance”) on May 12, 2018 (hereinafter “instant accident”).

C. The committee for deliberation on car insurance disputes determined that the percentage of the negligence between the Plaintiff and the Defendant’s vehicle was 15%:85% on the ground that the Defendant vehicle appears to have caused the instant accident, on the ground that “the Plaintiff’s vehicle and the Defendant’s vehicle might be left left at the same time while making a left turn.”

On January 23, 2019, the Plaintiff paid to the Defendant KRW 113,160,000, an amount equivalent to 15% of the repair cost of the Defendant’s vehicle, out of KRW 754,450, in accordance with the negligence ratio of the committee for deliberation on the disputes over reimbursement

E. The judgment of the court of first instance considered 15% of the negligence of the plaintiff and defendant of the instant accident as 85%.

[Reasons for Recognition] Unsatisfy, entry and video of evidence A1 to 7

2. The assertion and judgment

A. The accident of this case occurred because the plaintiff 1's vehicle had made a normal left turn at the two-lanes of the distance of this case among the five-lanes, but the defendant 1 was straighted at the first lane, the right turn, or the left turn turn, and thus, the accident of this case is entirely the defendant 1's vehicle.

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