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(영문) 서울중앙지방법원 2018.06.27 2018나17012
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

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A with respect to Bp loan vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to Cp vehicle (hereinafter “Defendant vehicle”).

B. Around 15:10 on May 20, 2016, the driver D of the Defendant vehicle driven the Defendant vehicle and brought the front part of the Defendant vehicle in front of the front part of the Defendant vehicle while driving the vehicle into the front section of the Defendant vehicle, according to one lane of the two-lane road in the 604-lane, in the vicinity of the Jinaco Co., Ltd. Co., Ltd. Co., Ltd., in the vicinity of the Jinco Co., Ltd. Co., Ltd., in order to reduce the speed on the front section of the Defendant vehicle and to U.S., in the front section of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

The Defendant paid the insurance money to the Defendant’s driver due to the instant accident, and asserted that the instant accident occurred due to the negligence of the Plaintiff’s driver, based on the mutual agreement on the deliberation of the car insurance dispute, and filed a claim against the Plaintiff for a dispute to the committee for deliberation of the car insurance disputes under the said mutual agreement. The committee for deliberation on the car insurance disputes recognized the ratio of the Plaintiff’s driver’s liability to 30% in the occurrence of the instant accident, and decided to pay KRW 8,935,050, the other amount than the Plaintiff’s liability ratio to the Plaintiff’s driver, out of the insurance money equivalent to the above medical expenses

Accordingly, the Plaintiff paid KRW 8,935,050 to the Defendant on September 7, 2017 according to the above decision of deliberation and coordination, and thereafter filed the instant lawsuit against the decision of deliberation and coordination.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, and 7 (Evidence No. 3 includes images), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s vehicle immediately before the occurrence of the instant accident is as follows: (i) the main point of the parties’ assertion; and (ii) the two lanes.

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