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(영문) 춘천지방법원 강릉지원 2018.08.14 2017나32128
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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to Bchip trucks (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded a car insurance contract with respect to C dump trucks (hereinafter “Defendant”).

B. On March 30, 2017, around 16:05, the Defendant’s vehicle proceeding from the 3rd side to the 2nd side of the north-dong room near the 6nd side of the East Sea Intersection 16:05, the two-lanes around the winter Sea Line 6nding business place, while changing the vehicle to the two-lanes, the Plaintiff’s driver’s seat in the front right part of the vehicle driving along the two-lanes, even though the driver’s seat in the front part of the vehicle driving along the two-lanes, and due to the shock, the Plaintiff’s vehicle lost the ability to enjoy sunshine and stopped after the two-lane of the road facilities.

(hereinafter referred to as “instant accident”). C.

1) The Defendant paid KRW 900,000 as the repair cost of the above road facilities, and then claimed deliberation by the Automobile Insurance Dispute Deliberation Committee against the Plaintiff by asserting that the negligence of the Plaintiff’s vehicle was 60%. 2) The Deliberation Committee decided to deliberate on and coordinate the instant accident on the ground that “It is difficult to clarify whether the Plaintiff’s vehicle was able to avoid the instant accident solely on the shock side and the background of the accident, considering that the Defendant’s vehicle was shocked by the fault of the Plaintiff’s vehicle in the process of changing the vehicle, it cannot be clearly determined whether or not the Plaintiff’s vehicle was able to avoid the instant accident.”

Accordingly, on August 18, 2017, the Plaintiff paid KRW 90,000 to the Defendant according to the above decision of deliberation and coordination, and thereafter filed the instant lawsuit against the above decision of deliberation and coordination.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's 1 through 9, and the purport of whole pleading

2. Summary of the parties' arguments;

A. The Plaintiff’s Defendant’s vehicle changed from the first lane to the second lane.

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