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(영문) 부산지방법원 2018.11.07 2018나52723
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. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D vehicles owned by C (hereinafter “Defendant”).

B. On September 22, 201, at around 01, 201, the five-lane road adjoining to the Fcafeteria located in Busan, Busan, the first, the second, the second, and the fifth, the second, the second, and the fifth, the right way to the left in the direction of the center located in the Busan, Jin-gu, Busan, the second, the third, fourth, and the fifth, the second is the straight way in the direction of the opening intersection located in the Pung-dong located in Busan, and the above road is referred to as the “instant road”; the defendant vehicle driving along the first lane and turn to the left at the left; while the plaintiff vehicle driving along the second lane, the accident occurred (hereinafter referred to as the “instant traffic accident”).

C. After the Defendant paid insurance money with respect to the damage incurred from the instant traffic accident, the Defendant filed a request with the Plaintiff for deliberation by the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter “Deliberation Committee”) to pay insurance money corresponding to the fault ratio of the Plaintiff’s vehicle regarding the instant traffic accident. The Deliberation Committee decided to calculate the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to 6:4.

On February 22, 2018, the Plaintiff paid KRW 2,903,120,00 to the Defendant, an amount equivalent to 60% of the insurance money paid by the Defendant in relation to the instant traffic accident according to the foregoing deliberation decision by the Deliberation Committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, Eul evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s instant traffic accident, the summary of the parties’ assertion, is the Plaintiff’s vehicle.

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