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(영문) 서울중앙지방법원 2019.08.29 2018나81211 (1)
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid contract with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On April 6, 2016, around 06:10, the Plaintiff’s vehicle entered the three-lane without giving direction direction direction etc. to the Defendant’s vehicle driving the four-lanes of the 1km point of the Incheon International Airport Expressway located in Jung-gu Incheon Metropolitan City, Jung-gu, and changed the course to the two-lanes without a direction direction etc.

Accordingly, E vehicles running two lanes (hereinafter referred to as "vehicles") are changing course in order to avoid collision with the plaintiff vehicle.

In four-lanes, the left side of the Defendant’s vehicle was shocked to the right side of the Nonparty’s vehicle, and due to the shock, the Defendant’s vehicle was flicked to the right side of the vehicle and went away from the road.

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

The instant accident caused the Defendant’s vehicle to be treated as total loss, and the Defendant paid KRW 20,580,000 for the Defendant’s vehicle’s damage, asserting that the negligence of the Plaintiff’s vehicle in the instant accident is 60%, and applied for deliberation and coordination of the Defendant’s indemnity amount to the F Deliberation Committee organized under the mutual agreement (hereinafter “Deliberation Committee”).

On May 28, 2018, the Deliberation Committee rendered a deliberation and resolution (hereinafter “instant decision”) on the purport that the Plaintiff would pay the Defendant 6,174,000 won (i.e., the Defendant’s payment amounting to KRW 20,580,000 x the negligence rate of KRW 30%) by deeming the negligence ratio of the Plaintiff’s vehicle for the instant accident as 30%.

On June 14, 2018, the Plaintiff paid the Defendant indemnity amounting to KRW 5,558,630 (i.e., KRW 20,528,790 x 30% of the fault ratio x 30% of the remainder value - KRW 600,007) according to the fault ratio based on the instant decision.

[Reasons for Recognition]

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