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(영문) 서울중앙지방법원 2020.03.11 2019나68109
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 4, 2018, around 20:30, an accident occurred between the Plaintiff’s vehicle and the Defendant’s vehicle in the roads adjacent to the Jung-gu Daejeon (hereinafter “instant roads”)

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

On April 15, 2019, the Defendant filed an application with the Plaintiff for deliberation and mediation of the indemnity fee dispute deliberation committee (hereinafter referred to as the “Deliberation Committee”), and on April 15, 2019, the Deliberation Committee decided the negligence ratio between the Plaintiff and the Defendant on the ground that the Defendant’s vehicle was rapidly changed from the blind spot of the Plaintiff’s vehicle, and that it was difficult to accept the Plaintiff’s argument that the driver could take measures to avoid the accident or prevent the expansion of damage, on the ground that it was difficult to accept the Plaintiff’s assertion that the vehicle was changed from the two lanes to the third lanes, and that it was in contact with the left side of the Plaintiff’s vehicle with the upper left side of the Plaintiff’s vehicle, which was driven by the three lanes in the two lanes, due to the rapid change of the vehicle from the blind zone of the Plaintiff’s vehicle.

On May 31, 2019, the Plaintiff paid 85,400 won at the cost of repairing the Defendant’s vehicle corresponding to 10% of the fault ratio of the Plaintiff’s vehicle, and filed the instant lawsuit on June 28, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 to 3, or the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the parties’ assertion is that the Plaintiff’s vehicle used the instant road.

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