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(영문) 서울남부지방법원 2018.05.31 2017나63908
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the vehicle A, which is owned by the Jinjin Enterprise Co., Ltd. (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who has concluded the automobile insurance contract with the vehicle B (hereinafter “Defendant vehicle”).

B. On April 11, 2016, around 17:00, an accident took place where the front and rear part of the Plaintiff’s vehicle running two lanes in the outer cycle of two lanes in the direction of the side of the side of the steering of the Defendant vehicle, which was trying to enter the three lanes from the three lanes in the outer cycle of the direction of the side of the side of the 2km of the Mannam-si, Sungnam-si.

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

As a result of deliberation, the committee for deliberation on disputes over indemnity should make it difficult to determine the circumstances of the accident and equally share the damages on the ground that there is no other data, and the ratio of responsibility between the plaintiff's vehicle and the defendant's vehicle was 5:5.

On February 2, 2017, the Plaintiff paid 1,500,200 won to the Defendant, equivalent to 50% of negligence, according to the above decision, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s total negligence on the part of the Defendant’s driver, while the Plaintiff’s vehicle was driving normally along the lane, and the Defendant’s vehicle was trying to change to the vehicle that the Plaintiff’s vehicle was driving.

Therefore, the defendant is obligated to return 1,500,200 won and damages for delay paid by the plaintiff as unjust enrichment.

B. The following circumstances revealed by the evidence as seen earlier, namely, the front and rear part of the Plaintiff’s front and rear front part of the Plaintiff’s vehicle and the front and rear part of the Defendant’s driver’s seat were shocked. The damaged part of the Plaintiff’s vehicle is behind the front part.

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