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(영문) 서울중앙지방법원 2019.04.30 2018나44335
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, at around 09:50 on September 5, 2017, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”) (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) CD temporary 09:50 on September 5, 2017, 2017, seven lanes from the moving direction of the Plaintiff vehicle in Seodaemun-gu Seoul, Seoul (three lanes from two direction, one Korean left turn, hereinafter “A”), and three lanes from the moving direction of the Defendant vehicle (three lanes from two direction, one Korean speed, one Korean speed, and one Korean non-protective Zone) (hereinafter “Plaintiff”), the Defendant tried to deliberate and coordinate the two direction-setting signals (the two two sides are 0 lanes before the non-protective Zone), and then 0% of the damages amount of the Plaintiff’s 20% of the damages amount of the Plaintiff’s accident to the Defendant, and 0% of the damages amount of the Plaintiff’s 30% of the damages amount of the accident to the Defendant.

On March 21, 2018, the Plaintiff paid KRW 1,760,000 to the Defendant, and filed the instant lawsuit on March 22, 2018.

[Grounds for Recognition] Facts without dispute, Gap evidence 2, 3, 4, 5, Eul evidence 2 and 4, and the purport of the whole pleadings

2. The plaintiff asserts that the accident of this case occurred solely by the negligence of the driver of the defendant vehicle, and that the plaintiff already paid KRW 1,760,000 and damages for delay from the day following the payment date shall be unjust enrichment.

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