(영문) 서울중앙지방법원 2016.10.14 2016나38114

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(영문) 서울중앙지방법원 2016.10.14 2016나38114

부당이득금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter “Defendant”) for the vehicle B (hereinafter “Plaintiff vehicle”).

B. On April 13, 2013, at around 13:35, the Defendant’s vehicle tried to turn to the left at 11th of the direction of C Tan art gallery, while driving a one-lane road, as shown in the attached Form No. 720, such as the drawing of the scene map of the accident, from the view of the film film shooting to the route of the 11st of the Can art gallery.

At the time, the plaintiff's vehicle following the plaintiff's vehicle following the defendant vehicle, going beyond the opposite direction in order to overtake the defendant vehicle, and there was an accident that the front part of the plaintiff vehicle conflicts with the front side of the defendant vehicle.

(hereinafter “instant accident”). C.

On October 21, 2013, the Deliberation Committee established pursuant to a mutual agreement on the deliberation of disputes over indemnity (hereinafter referred to as the “Deliberation Committee”) (hereinafter referred to as the “Deliberation Committee”) decided on October 21, 2013 to pay KRW 2,587,040 out of the insurance money paid by the Defendant to the Defendant as the amount of indemnity (hereinafter referred to as “the first adjustment decision”), and the said decision became final and conclusive as is by the Plaintiff and the Defendant’s failure to raise any objection.

Around February 5, 2015, the Defendant filed a request with the Deliberation Committee for an examination of the damages of the instant accident, and the Deliberation Committee set the same ratio of negligence as the damages of the instant accident (80:20) prior to February 26, 2015, and deliberated and decided to require the Plaintiff to pay KRW 97,636,368 out of the insurance money already paid by the Defendant to the Defendant as the amount of indemnity.

(hereinafter “Secondary Mediation Decision”). The Plaintiff is served with the above Decision.

유사 판례

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