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(영문) 대구지방법원 2015.10.30 2015나303735
부당이득금
Text

1. Of the judgment of the court of first instance, KRW 416,00 against the Plaintiff and its related thereto, from January 28, 2015 to October 30, 2015.

Reasons

1. Basic facts

A. On June 1, 2014, at around 22:00, A driven a B car (hereinafter “Plaintiff”), and made a left-hand turn at the second line, which is the exclusive right-hand turn-hand turn-hand at the intersection near the Hansung-gu Mann-dong, Daegu-gu, the vehicle, which operated the left-hand turn-hand turn at the first line of the same direction (hereinafter “Defendant vehicle”), was an intersection for a vehicle where the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn of the Plaintiff vehicle, but it was caused by an accident where the Plaintiff’s left-hand turn-hand turn-hand turn-hand turn of the Defendant vehicle (hereinafter “instant accident”).

(Specific circumstances of the accident are see, e.g., Attached Negligence).

The plaintiff is the insurer of the plaintiff vehicle, and the defendant is the insurer of the defendant vehicle.

C. On December 8, 2014, the Deliberation Committee established pursuant to the “Mutual Agreement on the Deliberation on the Settlement of Motor Vehicle Insurance Claims” concluded between the original Defendant and the said insurance company, determined 30% of the Plaintiff’s vehicle and 70% of the Defendant’s vehicle as to the rate of fault in the instant accident. Accordingly, on December 26, 2014, the Plaintiff first paid KRW 624,000, which is KRW 30% of the repair cost of the Defendant’s vehicle, to the Defendant, and the said decision raised an objection thereto.

[Ground of recognition] 1, 2, 4, and 5 evidence Nos. 5 (including paper numbers; hereinafter the same shall apply), Eul video and the purport of the whole pleading No. 3

2. The plaintiff's assertion and the plaintiff's judgment on this issue are that since the accident of this case occurred solely by the negligence of the defendant's vehicle, it is not necessary for the plaintiff to pay the repair cost of the defendant's vehicle, and therefore, 624,000 won already paid by the plaintiff to the defendant should be returned to the plaintiff because the defendant

F.

1.(a)

As seen in this subsection, the instant accident occurred by the Defendant’s vehicle entering the right-hand left-hand turn, and thus, the Defendant’s driver.

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