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(영문) 서울중앙지방법원 2016.06.01 2015가단45909
부당이득금
Text

1. The Defendant’s KRW 13,897,965 for the Plaintiff and KRW 5% per annum from February 28, 2015 to June 1, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A-wheeled Vehicle (hereinafter “Defendant”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B-Fed Vehicle (hereinafter “Defendant”).

B. On April 13, 2013, at around 13:35, the Defendant’s vehicle proceeded in the direction of the route of the route along which one-lane road is traveling along as indicated in the attached Form No. 720, as in the North Korean River at the Southern-si, Namyang-si, North Korea, and attempted to turn to the left at 11 hour in the direction of C Tan Tan art gallery.

Plaintiff

The vehicle behind the defendant vehicle was overtaken to the left side of the defendant vehicle, which goes beyond the opposite direction. Accordingly, the accident of this case where the front part of the plaintiff vehicle contacted to the left side of the defendant vehicle occurred.

C. On November of the same year, the Deliberation Committee established pursuant to the mutual agreement on the deliberation of the dispute over indemnity amount (hereinafter “Deliberation Committee”) decided that with respect to the “self-motor vehicle” accident in the instant accident, the rate of fault between the Plaintiff and the driver of the Defendant’s vehicle shall be 80:20 (hereinafter “liability ratio”) and the Plaintiff paid KRW 2,587,040 out of the insurance money paid by the Defendant, the claimant, as the claimant, as the indemnity amount. The said decision became final and conclusive as it did not dispute the Plaintiff and the Defendant.

On February 5, 2015, the Defendant filed a request with the Deliberation Committee for an examination of the accidents of the instant accident, and the Deliberation Committee filed a request for an examination of the accidents of the instant accident.

2. 26. 26. The conciliation decision was made to allow the Plaintiff to pay KRW 97,636,368 out of the insurance money paid by the Defendant to the Plaintiff as the amount of indemnity, by applying the ratio of negligence (80: 20) as seen earlier as the type of the self-accident (80: 20).

The plaintiff is within 14 days from the date of receipt of the above decision (service).

3. 12. The instant lawsuit was filed.

E. From September 30, 2013 to February 27, 2015, the Plaintiff is himself/herself, such as a mediation decision by the Deliberation Committee.

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