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(영문) 서울중앙지방법원 2017.06.22 2016나77867
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 14:20 on January 14, 2016, the Defendant’s vehicle: (a) discovered the Plaintiff’s vehicle that was stopped at the corner of the access road abutting to the intersection as of the time when the vehicle was traveling along the backway of the main line of the Hando-dong, Gangnam-gu, Seoul; (b) proceeded to the left-hand side of the Plaintiff’s vehicle; and (c) attempted to make a right-hand, and at the same time, the Defendant’s vehicle shocked the left-hand part of the Plaintiff’s vehicle that attempted to make a right-hand

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

In relation to the instant accident, the Defendant paid KRW 900,000 of the insurance money at the repair cost of the Defendant’s vehicle, and thereafter filed a request for deliberation with the Plaintiff to the indemnity payment deliberation committee, and the indemnity payment deliberation committee decided on August 8, 2016 as KRW 4:6.

Accordingly, on August 30, 2016, the Plaintiff paid KRW 360,000 to the Defendant according to the above fault ratio, and thereafter filed the instant lawsuit against the deliberation and resolution by the committee for deliberation on disputes over indemnity on the same day.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 6, and the purport of whole pleading

2. According to the evidence and the purport of the entire pleadings as to the cause of the claim, the instant accident ought to be tried at the right edge of the road in a case where the Plaintiff’s vehicle obstructing the progress of the following vehicle by stopping on the sole lane to enter the vehicle from the right edge of the letter first line, and where the Defendant’s vehicle, who attempted to make a right-hand on the left side of the Plaintiff vehicle, has failed to fulfill his duty of care to avoid the collision with the Defendant vehicle, but attempted to make a right-hand and a right-hand-hand-on-way without failing to fulfill all the duty of care to avoid the collision with the Defendant vehicle.

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