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(영문) 서울중앙지방법원 2018.05.29 2016가단5176423
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, an insurance company running non-life insurance business, concluded an automobile insurance contract with C and D (hereinafter “Plaintiff”) with the Defendant, who is the driver of the E-wheeled Vehicle (hereinafter “Defendant”).

B. On May 7, 2016, at around 10:08, the Plaintiff’s vehicle changed the vehicle line from the two lanes to the three lanes on the front side of Seongdong-gu Seoul Metropolitan Government F Apartment apartment to the three lanes, due to negligence in which the direction, etc. has not been complied with, and the Defendant’s vehicle, which was driven later, attempted to change the vehicle from the two lanes to the three lanes in order for the Plaintiff’s vehicle to proceed to the right side of the Plaintiff’s vehicle. The vehicle shocked the front side of the Plaintiff’s vehicle, and the Defendant was injured by the shock road.

C. From July 18, 2016 to December 1, 2016, the Plaintiff paid KRW 31,476,320 to the Defendant’s medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 13, the purport of the whole pleadings

2. The Plaintiff, in relation to the instant accident, investigated the Defendant as the perpetrator at the Seoul Dongdong Police Station. The instant accident asserted that the Defendant is liable to pay KRW 31,476,320 to the Plaintiff for the return of unjust enrichment, as long as there was no liability for damages, on the ground that there was no fault of the Plaintiff’s vehicle due to an accident that occurred due to one’s fault (e.g., speed, safety distance failure, failure in front of the week, failure in front of the week, and sudden change

According to Article 38 (1) of the Road Traffic Act, in cases where intending to change course while proceeding in the same direction, the driver of any motor vehicle shall make a signal with the direction indicator or light until the act is completed, and in relation to the time and method of making the signal, the driver of any motor vehicle shall make a signal when she reaches at least 30 meters before reaching the point where the act is intended, when she intends to change the course to the right side of the route" in Article 38 (2) of the Road Traffic Act and Article 21 (2) of the Enforcement Decree of the Road Act and attached Table

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