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(영문) 수원지방법원 2015.07.03 2015나2574
부당이득금
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. Facts of recognition;

A. The status of the party is a mutual aid business entity that entered into a mutual aid agreement with the owner of the AB bus (hereinafter “the Plaintiff”). The Defendant is an insurance company that entered into the said Defendant’s comprehensive automobile insurance contract with the owner of the said Defendant’s vehicle (hereinafter “the instant Defendant vehicle”).

B. On August 2, 2013, around 10:25, the driver of the instant vehicle operated a two-lane in order to change the course of the vehicle into the two-lanes while driving the Go-dong Go-dong High Underground Road Access Road in Suwon-si. Accordingly, the SM5 vehicle (hereinafter “Nonindicted 1”) where the two-lanes are underway and the SM7 vehicle (hereinafter “Nonindicted 2”) following the two-lanes were driven rapidly. The instant vehicle followed Nonparty 2 following the instant vehicle. As the instant vehicle driven behind Nonparty 2, the instant vehicle was pushed ahead of the instant vehicle, and the instant vehicle was driven behind Nonparty 1 and the instant Defendant vehicle was towed (hereinafter “instant accident”).

C. 1) The Defendant deliberated on and decided by the committee for deliberation on disputes over indemnity payments (hereinafter “Deliberation Committee”) against the Plaintiff.

(2) On March 24, 2014, the Plaintiff filed a petition for deliberation, and the Deliberation Committee decided on March 24, 2014 that the percentage of the Plaintiff’s vehicle’s fault in the instant accident shall be 100% (hereinafter “instant decision”).

(2) On March 28, 2014, the Plaintiff paid KRW 560,870,000 calculated on the basis of the fault ratio of the Plaintiff’s instant vehicle as determined by the instant decision to the Defendant.

3. Meanwhile, the Plaintiff was served with the instant decision on April 17, 2014, and thereafter, on May 9, 2014, the amount of indemnity paid by the Plaintiff to the Defendant was paid without any legal ground, and thus, the Defendant shall return it to the Plaintiff.

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