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(영문) 서울중앙지방법원 2020.12.16 2020나35303
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

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 May 21, 2019, around 06:45, the Plaintiff’s vehicle turned straight along the three-lanes of the three-lane road in the Yongsan-gu Incheon, Michuhol-gu, Incheon, along that two-lanes of the three-lane road, and the front part of the Defendant’s vehicle, who was straight along the two-lanes adjacent to the two-lanes, was shocked into the rear door, fences, and pans on the left side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

Meanwhile, on the other hand, the Plaintiff and the Defendant have a dispute over the rate of fault in the instant accident, and the Defendant filed a request for deliberation with the Deliberation Committee on Compensation Money Dispute (hereinafter “Deliberation Committee”), and on November 11, 2019, the Deliberation Committee decided that “The Plaintiff’s vehicle and the Defendant’s vehicle, among the Plaintiff’s vehicle and the Defendant’s vehicle, changed their course to the left-hand side in the normal signal to the left-hand side, conflict with the Defendant’s vehicle’s right-hand side, and thus, the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle are recognized as 90%:

(hereinafter referred to as “instant decision of the Deliberation Committee”) D.

After November 28, 2019, the Plaintiff paid 709,580 won (i.e., KRW 788,430 x less than KRW 0.9, and less than KRW 350 x 350 x 3) equivalent to the fault ratio of the Plaintiff’s vehicle among the 788,430 won paid to the Defendant at the repair cost of the Defendant’s vehicle (i.e., KRW 788,430 x less than KRW 0.9, and KRW 88,350 x 3) and the rent incurred during the repair period of the Defendant’s vehicle (i.e., KRW 29,450 x 88,350 x 0.9 x 0.9). The Plaintiff filed the instant lawsuit.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 7 (including each number), the purpose of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion.

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