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(영문) 서울중앙지방법원 2017.12.22 2017가단5082396
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 04:03 on February 22, 2016, C, while driving the Plaintiff’s vehicle at a point 196.2km 196.2km in the Jinwon-gun, Jinwon-gun, Jinwon-gun, Jinwon-gun, Jin-gun, Jin-gun, Jin-2km-gun, located in the Jinwon-gun, in order to avoid the pre-driving vehicle while driving the Plaintiff vehicle. On the left-hand side of the right-hand retaining wall, C followed the vehicle to the left-hand side in the situation where the vehicle is rapidly facing the two-lane, and the vehicle was moved to the Plaintiff’s vehicle.

D At the time, the said one-lane in the said tunnel was driven and driven by the Defendant, and even though the Plaintiff’s vehicle in the front section was returned due to an accident, the vehicle that was driven ahead of the Defendant’s vehicle was sent to the front section of the instant tunnel, the vehicle was driven as is, despite having been given a warning, etc., and the vehicle that was driven ahead of the Defendant’s vehicle was driven by the front section of the

(hereinafter referred to as the “instant accident”). The instant accident sustained an injury by E, who is the seat of the Defendant vehicle, due to the occurrence of the instant accident, and the Defendant vehicle was destroyed.

C. On August 22, 2016, the Defendant paid KRW 65,845,480 in total and KRW 1,655,380 in the repair cost of the Defendant vehicle on May 18, 2016 and KRW 82,654,380 in total as the repair cost of the Defendant vehicle.

(In the case of repair costs, the Defendant calculated the vehicle standard value at the time of the accident as KRW 17.68,00 and paid KRW 1,655,00,000 after deducting the remaining value from KRW 1,130,000. After then, the Defendant filed a petition with the Automobile Insurance Dispute Deliberation Committee (hereinafter “Committee”) for deliberation on the negligence of the instant accident, and the commission considers the Plaintiff’s negligence as 40% on March 27, 2017, and the Defendant’s negligence as 60% on the instant accident.

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