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(영문) 서울중앙지방법원 2016.05.20 2015가단5203755
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties is an insurer that runs an insurance business, such as automobile insurance, and that has concluded an automobile insurance contract with A's B Eph Vehicle (hereinafter "Plaintiff 1 Vehicle"), C's Dent PP Vehicle (hereinafter "Plaintiff 2 Vehicle"), and the Defendant is an insurer that has concluded an automobile comprehensive insurance contract with the FW Vehicle for E's driving (hereinafter "Defendant vehicle").

B. On May 7, 2013, around 07:10 on May 7, 2013, the driver E of the Defendant vehicle, who caused the accident, proceeded with the private distance distance at the entrance of the Doeidong Office at the Han River basin, at the Han River basin.

The location is a remote intersection where the traffic of vehicles is frequent, and a crosswalk is installed in the front section.

However, E was given the front left-hand part of the Plaintiff 1’s left-hand side of the vehicle, which was proceeding on the right-hand side by changing the lane as it is from the intersection without looking at the front side and right-hand side.

(hereinafter referred to as “instant primary accident”). Accordingly, Plaintiff 1’s change of the vehicle to the next side line and collisions with the front and rear parts of Plaintiff 2’s vehicle, which were followed from the right side of the said vehicle, into the front and rear parts of the said vehicle.

(hereinafter referred to as “instant secondary accident”). The Plaintiff 2 caused an accident involving Plaintiff 2’s body part of Plaintiff 2’s G in order to wear the crosswalk by breaking the direction to the right side, and the head part of Plaintiff 2’s body part was sent to the front part of Plaintiff 2’s vehicle and receiving the head part as the front part of Plaintiff 2’s head part.

(hereinafter referred to as “the third accident in this case”). The victim G suffered serious injury, such as the number of days of treatment being treated, damage to brain functions due to recognition disorder, etc.

C. The Defendant, who deliberated and decided by the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter “Deliberation Committee”), shall be liable to compensate for damages arising from the third accident of this case.

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