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(영문) 서울중앙지방법원 2020.06.10 2019나58829
부당이득금 반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer that entered into a motor vehicle insurance contract with respect to D vehicles (hereinafter “Defendant vehicles”).

나. 원고 차량은 2018. 11. 27. 17:40경 이천시 이섭대천로 22-20 소재 매곡교차로에서 이천↔용인 양방향 직진신호에서 용인 덕평IC 방향과 이천 E센터 방향 동시 좌회전신호로 변경될 무렵 황색신호에 교차로를 진입하다가 반대차선에서 직진 신호에 선행 차량을 따라 용인 덕평IC 방향으로 비보호 좌회전을 하는 피고 차량의 우측 전면 부분을 충돌하였다

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

The Defendant paid totaling KRW 33,514,420 to the Defendant’s vehicle repair cost, etc., and filed an application for deliberation and coordination of the instant accident with the F Deliberation Committee (hereinafter “Deliberation Committee”).

On April 22, 2019, the Deliberation Committee decided on April 22, 2019 that the ratio of responsibility between the plaintiff's vehicle and the defendant's vehicle shall be 70% large 30%.

On April 30, 2019, the Plaintiff paid KRW 23,460,094 (i.e., KRW 33,514,420 x 70%) to the Defendant according to the decision of the Deliberation Committee.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 4 to 7, Gap evidence 7, Eul evidence 1, 2 and 3, and the purport of the whole pleadings

2. The plaintiff asserts that since the negligence ratio of the defendant vehicle reaches 70%, the defendant is obligated to return to the plaintiff 13,405,768 won [=23,460,094 won - (33,514,420 won x 30%) and damages for delay.

The circumstances revealed by the aforementioned evidence and the purport of the entire pleadings, namely, the Plaintiff’s vehicle, entered the intersection with yellow signal, the two preceding vehicles of the Defendant’s vehicle, made a left turn immediately before the instant accident, and the Defendant’s vehicle turn to the left turn from the right turn to the left turn.

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