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(영문) 서울중앙지방법원 2019.08.16 2019나18487
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurance company that concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. Around 10:50 on June 29, 2018, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and passed through the private-distance intersection (hereinafter “instant intersection”) located in the north-gu E in the port of port, and runs directly to the direction (F school surface) (F school surface) of the instant intersection, the driver of the Plaintiff’s vehicle conflict with the Defendant’s vehicle running directly to the direction (H school surface) (H school surface).

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

At the time of the accident, both the Plaintiff and the Defendant were driving along one-lane of the two-lane roads, and due to the instant accident, the front part of the Plaintiff’s right side and the Defendant’s vehicle were destroyed.

Due to the instant accident, the Defendant’s vehicle was treated as a total loss, and the Defendant paid KRW 4,145,000 for the Defendant’s vehicle.

E. On October 29, 2018, the J Review Committee rendered a decision to deliberate and coordinate that the Plaintiff would pay KRW 1,243,500 to the Defendant by deeming the negligence ratio of the Plaintiff’s vehicle and Defendant’s vehicle related to the instant accident as 30:70 (hereinafter “instant deliberation and resolution”).

F. On November 13, 2018, according to the deliberation and resolution of the instant case, the Plaintiff paid KRW 1,200,000 to the Defendant as the amount of indemnity according to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 10 (including provisional number), Eul evidence 5 and 6, the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The instant accident is that the Defendant’s vehicle, which entered the instant intersection, was shocked by the Defendant’s vehicle, and the negligence of the Plaintiff’s driver is less than 10%. Therefore, the deliberation and decision of the instant accident is unfair, which is deemed 30% of the negligence of the Plaintiff’s driver.

B. Therefore, the Defendant received the payment from the Plaintiff.

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