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(영문) 부산지방법원 2019.12.04 2019나54702
부당이득금반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile mutual aid contract with C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with E and F vehicle (hereinafter “Defendant vehicle”).

B. At around 16:10 on September 3, 2018, C driven the Plaintiff’s vehicle, and changed the Plaintiff’s vehicle from three lanes to one lane in the direction of international passenger terminal in the Busan East-dong International Passenger Terminal immediately before reaching the Busan-dong International Passenger Terminal, which led to the left side of the Defendant’s vehicle running along the Plaintiff’s vehicle by changing the vehicle from three lanes to one lane in the direction of international passenger terminal in the Busan-dong International Passenger Terminal.

(See attached Form No. 3, hereinafter referred to as “instant accident”).

On February 18, 2019, upon the Defendant’s application for dispute mediation, G Deliberation Committee decided that the Plaintiff’s negligence was 40% of the Plaintiff’s driver’s negligence and 60% of the Defendant’s driver’s negligence (hereinafter “instant deliberation decision”). Accordingly, the Plaintiff paid KRW 517,660 to the Defendant on March 25, 2019.

[Ground of recognition] Each description or image of Gap 1 to 7, 10 evidence, Eul 1 to 5

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case was caused by the plaintiff's unilateral negligence of the driver of the defendant vehicle, and the defendant's vehicle who was stopped in the three-lane opposite to the other party, caused the plaintiff's vehicle that was normal U.S. driver at the time of the change of the Gap's own bus in order to make an illegal U.S., and that the accident in this case should return the above 517,66

In this regard, the defendant asserts that the accident of this case occurred due to the driver's negligence of the plaintiff's driver, since the accident of this case occurred without stopping despite the plaintiff's vehicle showing that the defendant's vehicle was driving while the driver's vehicle was driving.

B. We examine the percentage of fault and unjust enrichment of the driver of the vehicle and the Defendant’s driver, and the overall purport of the evidence presented earlier.

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