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(영문) 서울중앙지방법원 2020.06.10 2019나51712
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 C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On October 3, 2018, around 17:00, at the 386-10 Incheon Southern-dong, Nam-dong, Incheon-dong, Incheon-dong, the underground map of the accident site was changed from the parallel to five lanes by the Plaintiff’s vehicle (Y2 vehicle) while entering the road from the right side to the road, and there was an accident that conflict between the front side of the Plaintiff’s vehicle and the left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On March 4, 2019, the Defendant filed an application for deliberation and coordination with the E Deliberation Committee (hereinafter “Deliberation Committee”), and on March 4, 2019, the Deliberation Committee decided that the Defendant’s vehicle and the Defendant’s vehicle were “70% of the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle, when considering the speed of both vehicles, even though the Defendant’s vehicle stopped in order to enter the underground lane where career change is prohibited from entering the route, and it is confirmed that the Defendant’s vehicle enters the vehicle’s direction, etc. at a considerable distance.

On March 26, 2019, the Plaintiff paid 3,500,000 won at the cost of repairing the Defendant’s vehicle equivalent to 70% of the fault ratio of the Plaintiff’s vehicle, and filed the instant lawsuit on March 28, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1 is that the instant accident is changed from five lanes to four lanes in which the Defendant’s vehicle is prohibited from changing course while the Plaintiff’s vehicle is normally straight at five lanes.

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