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(영문) 서울중앙지방법원 2016.11.30 2016나41592
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 15,242,240 and KRW 13,718,016 among them.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract for B vehicles (hereinafter “Plaintiff vehicle”) with A, and the Defendant is the insurer who has concluded the automobile insurance contract for D vehicles (hereinafter “Defendant vehicle driver”) with C (hereinafter “Defendant vehicle driver”).

B. On February 17, 2015, the driver of the Defendant vehicle driving the Defendant vehicle at a level of 0.059% alcohol level around 20:00, and driving the front road located in Changwon Mucompo-gu E, Changwon-si, and the driver collisioned the front part of the Plaintiff vehicle that was parked in the front part of the Defendant vehicle with the front part of the said F.

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

From May 13, 2015 to August 26, 2015, the Defendant paid insurance proceeds of KRW 14,442,240 in total to the driver of the Defendant’s vehicle for the treatment of disability caused by the instant accident.

After that, on August 26, 2015, the Defendant filed a request with the Motor Vehicle Insurance Dispute Deliberation Committee for deliberation on the claim for reimbursement against the Plaintiff. On October 26, 2015, the Deliberation Committee deliberated on the following purport: (a) the Defendant’s negligence on driving the Plaintiff’s motor vehicle and the Plaintiff’s negligence on the ground that the Plaintiff’s negligence on driving the motor vehicle was recognized as the negligence on the part of the Plaintiff’s motor vehicle driver, and on the ground that the Plaintiff’s negligence on stopping the Plaintiff’s motor vehicle is recognized as the negligence on the part of the Plaintiff’s motor vehicle driver; and (b) the Plaintiff shall make a deliberation and decision

E. On November 11, 2015, the Plaintiff paid the amount of KRW 15,242,240 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 10, Eul evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the instant accident occurred due to the full negligence of the Defendant’s driver, but paid KRW 15,242,240 to the Defendant according to the deliberation and determination premised on the negligence on the Plaintiff’s vehicle. Thus, the said amount is unjust enrichment.

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