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(영문) 수원지방법원 2018.04.04 2017나69120
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 entered into a comprehensive motor vehicle insurance contract with A (hereinafter “Plaintiff”) and the Defendant is “Defendant vehicle below B”.

(B) On June 3, 2016, the Plaintiff’s vehicle is the insurer that entered into an automobile comprehensive insurance contract with respect to the Company. Around 13:20 on June 3, 2016, the 5th floor parking lot on the Home Pluter’s ground of the Pluter-dong Home Pluter (hereinafter “instant Home Pluter parking lot”).

) In order to proceed to a exit within the exit, the left part was attempted to turn to the left in accordance with the direction of the saves display on the floor, and the part of the saves cut to the front left part of the steering direction, and the part behind the driver’s seat of the Defendant’s vehicle, who is left to the left part from the right side of the driving direction, shocked

(C) The Defendant paid KRW 941,930 at the repair cost of the Defendant’s vehicle, and as to the rate of fault of the Defendant’s vehicle involved in the instant accident, the Dispute Resolution Committee (hereinafter “Deliberation Committee”).

(D) On September 19, 2016, the Deliberation Committee deemed that “80% of the negligence of the Plaintiff and 20% of the negligence of the Defendant” were “80%,” and decided to pay KRW 753,544 to the Defendant. E. On October 25, 2016, the Plaintiff filed the instant lawsuit after paying KRW 753,540 to the Defendant. [Defendant 1, 2, 7, 9, 10, 11, and 3, each of the entries in the evidence No. 3, and the purport of the entire pleadings.

2. The parties' assertion

A. In relation to the instant accident, the Plaintiff asserted that KRW 890,916 of the repair cost of the Defendant’s vehicle paid KRW 890,916 of the repair cost, while the Plaintiff’s vehicle made a left-hand turn according to the marking of the floor of the parking lot. On the other hand, in light of the instant accident circumstances, such as where the Defendant’s vehicle is at a rapid speed from the direction prohibited from entering, it is reasonable to view the Plaintiff’s fault as 10% and the negligence of the Defendant’s vehicle as 90%. As such, the Defendant’s fault calculated excessively among the vehicle repair cost of KRW 890,916 paid by the Plaintiff (=80% - 10%).

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