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(영문) 서울중앙지방법원 2017.09.06 2017나15484
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 Bsch Rexroth car owned by A (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Cargo Vehicles owned by C (hereinafter “Defendant”)

B. On December 31, 2015, the husband E driven the Plaintiff’s vehicle at around 14:40 on December 31, 2015, driving the two-lanes of the three-lane road from the Yancheon-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

C driving the defendant vehicle in the same temporary border, and driving the three-lane road in the same distance of the month, the one-lane of the three-lane road in the middle distance of the National University of Korea, from the boundary of the National University of Korea.

Plaintiff

In accordance with the straight line, the vehicle passes through the intersection of the above thalth of the calendar, and the immediately preceding defendant vehicle entered the intersection of the above thalth of the stalth of the stalth of the stalth of the stalth of the stalth of the stalth of the vehicle

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

From February 19, 2016 to March 11, 2016, the Defendant paid KRW 10,725,650 in total as medical expenses, etc. for C arising from the instant accident.

After all, the Defendant filed a claim against the Plaintiff for a dispute over the reimbursement of automobile insurance in accordance with the mutual agreement on the deliberation of the dispute over reimbursement of automobile insurance by asserting that the negligence of the Plaintiff’s driver and the Defendant’s driver caused the instant accident. On September 26, 2016, the committee for deliberation of the dispute over reimbursement of automobile in question decided to adjust the amount of the Plaintiff’s liability to pay KRW 2,145,130, an amount equivalent to 20% out of the above insurance money that the Defendant paid to C, which is the amount equivalent to 20% out of the above insurance money that the Defendant paid to C.

E. Accordingly, on October 7, 2016, the Plaintiff paid KRW 2,145,130, which is the amount according to the above mediation decision, to the Defendant, and thereafter, is dissatisfied with the above mediation decision.

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