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(영문) 서울중앙지방법원 2019.09.25 2019나431
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On October 9, 2017, around 00:22, the Plaintiff’s vehicle conflicts with the Defendant’s vehicle that was straightened toward the right side of the Plaintiff’s vehicle in the direction toward the left side and passes the intersection, while passing the intersection by straighten distance from the educ road located in the Dolle of Masan-si, Chungcheongnamnam-si.

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

In the instant accident, the Defendant paid KRW 16,650,000 equivalent to the value of the Defendant’s vehicle as of the date of the instant accident to the driver of the Defendant’s vehicle, and thereafter, the Defendant claimed KRW 14,650,000 for the remainder after deducting KRW 2,00,000 equivalent to the sales price of the Defendant’s vehicle from the above KRW 16,650,000, among the above KRW 16,650,000.

On April 30, 2018, with respect to the deliberation of the car insurance dispute claimed by the Defendant, the committee for deliberation on the car insurance disputes requested by the Defendant (hereinafter “the decision on the division of this case”) to deliberate and decide on the ratio of the Plaintiff vehicle’s fault to 75% on the ground that the instant accident occurred while the instant accident occurred while the Defendant was in a straight line with the right side, and to 25% on the part of the Defendant vehicle (hereinafter “the decision on the division of this case”).

E. On May 17, 2018, the Plaintiff paid to the Defendant KRW 10,987,500 (i.e., KRW 14,650,000 x 75%) equivalent to the above KRW 14,650,00, pursuant to the fault ratio set out in the decision of the instant sectional judgment.

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

2. The assertion and judgment

A. The pertinent fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle against the instant accident is 30:70, and the Defendant is the fault ratio of the Plaintiff’s vehicle.

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