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(영문) 서울중앙지방법원 2018.12.20 2018나28982
부당이득금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. On October 4, 2016, around 19:17, a claim for restitution of unjust enrichment related to a traffic accident (see attached Form No. 2) occurred on the backway by a house near the Jung-gu, Jungdong, Seoul Special Metropolitan City.

2. The instant accident is an accident where the Plaintiff’s vehicle (C) and the Defendant’s vehicle (D) walked on the backway without a central line, and the part of the rear wheeler of the Plaintiff’s driver’s seat and the rear wheeler of the driver’s seat of the Defendant vehicle are contacted. The location of the instant accident is the road bend from the Plaintiff’s vehicle’s standpoint to the right side. The Plaintiff’s vehicle is the road bend from the Defendant’s side, and the road is the left side from the vehicle’s side. The Plaintiff’s vehicle is driving along the back road, while driving along the back road, was driven by the right side at the location of the instant accident where the road was driven on the right side, and the instant vehicle was driven by the Defendant’s vehicle. The instant accident appears to have occurred by the driver of the Defendant’s vehicle being driven by the Plaintiff’s vehicle at the right side, and it is reasonable to view that the instant vehicle might have been driven by only one vehicle on the left side and parked on the front side of the direction.

3. The defendant's appeal is without merit.

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