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(영문) 서울중앙지방법원 2019.11.29 2019나37402
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On May 12, 2018, at around 23:50, the Plaintiff’s vehicle driven along five lanes near F hotel in Jung-gu Seoul, Jung-gu along the three-lane streets, and changed part of the vehicle to the six-lanes of the above road while moving to the direction of the zone Eul-gu. On the other hand, the Plaintiff’s vehicle discovered that there is a person on the crosswalk installed on the right side direction and immediately stopped.

The Defendant’s vehicle was driven along the six-lanes of the above road, and the vehicle was parked on the front side of the Plaintiff’s right side in the process of discovering and rapidly operating the vehicle on the front side of the Defendant’s vehicle.

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

The Defendant filed a request for deliberation with the G Deliberation Committee (hereinafter referred to as the “Deliberation Committee”). On October 8, 2018, the G Deliberation Committee decided the negligence ratio between the Plaintiff and the Defendant’s vehicle to 35%, taking into account the instant accident progress details, the shock level of each vehicle, etc.

The Plaintiff filed a petition for review on the foregoing decision, and the Review Committee rendered a decision on December 10, 2018 on the rate of negligence between the Plaintiff and the Defendant’s vehicle: 35%: 65% (hereinafter “instant decision”). D.

On December 18, 2018, the Plaintiff paid KRW 4,494,490, an amount equivalent to 35% of the fault ratio of the Plaintiff’s vehicle out of the repair cost of the Defendant vehicle. On December 19, 2018, the Plaintiff filed the instant lawsuit on December 19, 2018, prior to the closing date of the objection.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1, 2, and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case is the driver of the defendant vehicle who violated the duty to keep the front-time watch and the duty to maintain the safety distance.

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