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서울중앙지방법원 2019.07.16 2018가단40615
부당이득금반환 청구의 소

1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. The Plaintiff is an insurer of CNAS car (hereinafter “Plaintiff vehicle”).

The defendant is the insurer of the D Freight Vehicle (hereinafter referred to as the "Defendant Vehicle").

B. On October 19, 2017, E: (a) driven the Plaintiff’s vehicle, carried F on the steering head; (b) proceeded as one-lane between four-lanes in the direction of the 192.4km in the direction of the west Highway (hereinafter referred to as the “niver vehicle”) and the two-lanes in the direction of the vehicle; (c) while changing the vehicle course into a two-lane, E shocked the front part of the Hexton car driven by G with the rear part of the Plaintiff’s back part of the vehicle (hereinafter referred to as “victim”).

(C) After the first accident, the injured vehicle stopped on the three-lanes of the above expressway after the shocking of the central separation zone. However, the damaged vehicle: (a) the driver of the damaged vehicle, G, and the driver of the vehicle who tried to deduct I from the damaged vehicle due to their body in the middle of the back seat; (b) the driver of the damaged vehicle and the driver of the vehicle, who was unable to drive the vehicle on his own. In this case, the driver of the Plaintiff vehicle parked on the side while the emergency vehicle of the Plaintiff vehicle, etc. was parked on the side; and (c) the subsequent vehicle driving on the three-lanes of the vehicle was sent a two-lane or four-lane road. After about seven minutes from the first accident, J discovered the damaged vehicle on the two-lanes of the above expressway through the speed of about 95 km, and did not stop the vehicle in front of the said accident (hereinafter referred to as “the damaged vehicle”).

E. The defendant paid a total of KRW 280,000,000 to the bereaved family members of I and F (hereinafter “the deceased”) and then the plaintiff and the damage to the Automobile Insurance K Committee.