logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.06 2014나63017
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid operator who entered into a motor vehicle mutual aid contract with the promotion high-speed stock company for the motor vehicle A (hereinafter referred to as the “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle mutual aid contract for the motor vehicle B (hereinafter referred to as the “Defendant”).

B. On November 23, 2013, the driver of the Defendant vehicle driven the Defendant vehicle at around 22:20 on the southyang-si, the southyang-dong Police Station, driving along the two-lane road in front of the Namyang-dong Police Station, along the two-lane road in front of the Namyang-dong Police Station, to the Seoul bank, and temporarily stopped from the stop line immediately before the instant stop at the stop line (hereinafter “instant intersection”). The Plaintiff’s vehicle driving along the same lane in the front side of the Defendant vehicle, which was facing the rear part of the Defendant vehicle, had impact on the front part of the Defendant vehicle.

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

On January 9, 2014, the Defendant paid the insurance money of KRW 8,190,000 to the Plaintiff as the repair cost, and then claimed the amount equivalent to the above insurance money as the reimbursement claim against the Plaintiff. As the Plaintiff refused it, the Defendant filed a request to the Deliberation Committee for deliberation against the Plaintiff.

On April 28, 2014, the committee for deliberation on indemnity disputes deliberated and decided that the Plaintiff shall pay the full amount of KRW 8,190,000 to the Defendant on the ground that the instant accident occurred due to the total negligence of the Plaintiff’s driver. The Plaintiff paid the full amount to the Defendant on May 14, 2014 according to the said decision.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 8 and 10, and purport of the whole pleadings

2. The parties' assertion

A. The accident of this case occurred by the negligence of the driver of the defendant vehicle, who was immediately at the entrance to the intersection of this case without any justifiable reason, and the negligence of the driver of the plaintiff vehicle who shocked the back of the defendant vehicle, and the occurrence of the accident of this case.

arrow