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(영문) 서울남부지방법원 2017.11.09 2017나55716
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with A more A New-Wed Vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with B (hereinafter “Defendant”).

B. On July 26, 2015, around 17:08, the Defendant’s vehicle, who changed the lane from three lanes near the rooftop zone in the mountain direction into two lanes in Seongdong-gu, Seongdong-gu, Seoul, to two lanes, caused an accident (hereinafter “instant accident”). The Defendant’s vehicle driving the two lanes in the same direction into two lanes in the same direction (hereinafter “instant accident”).

C. When the Defendant’s liability ratio of the Plaintiff and the Defendant’s vehicle was determined at 20%:80% in the process of deliberation by the committee for deliberation on indemnity charges filed against the Plaintiff, the Plaintiff paid KRW 204,340 to the Defendant on November 7, 2016 (i.e., the repair cost of the Defendant’s vehicle x 1,021,680 x 20%).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The Defendant asserts that the instant lawsuit is unlawful, since the decision of the Deliberation Committee on the liability ratio of the Plaintiff and the Defendant’s vehicle became final and conclusive, there is no special exception to the Plaintiff’s obligation to transfer the Plaintiff’s indemnity dispute after the aforementioned decision became final and conclusive, and the Plaintiff cannot assert any error ratio different from the above decision of the Deliberation Committee.

In other words, Article 27(1) of the Mutual Agreement on the Deliberation of Disputes over Claims for Compensation of Automobile Insurance provides that "if a petitioner or respondent does not make a request for review prescribed in Article 25 or file a lawsuit prescribed in Article 26 within 14 days from the date of receipt of a notice of decision of the Deliberative Committee, the decision of the Deliberative Committee shall become final and conclusive," and Article 28(1) provides that "the decision of the Deliberative Committee shall be made."

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