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(영문) 광주지방법원 2019.07.11 2018나61993
부당이득금 반환청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff, as a mutual aid business entity, is an insurer who has entered into a motor vehicle mutual aid contract with the “C” vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with the “D” vehicle as an insurance company (hereinafter “Defendant vehicle”).

B. Around 11:35 on December 15, 2017, the Plaintiff’s vehicle proceeds two-lanes from a tomb road to a two-lane map. While the Plaintiff’s vehicle passes the said intersection on the yellow signal at the intersection in front of the F 1 factory site located in E, it was defective that the Defendant’s vehicle tried to enter the two-lanes of the instant road by moving the Defendant’s vehicle to a two-lane distance from the high-speed map to the two-lane. The Defendant vehicle shocked the Defendant’s vehicle on the wind that is going to the right right-hand side of the instant road.

(hereinafter “instant accident” and its details are as follows). F

C. The Defendant paid KRW 6,199,000 of insurance money as the repair cost of the Defendant’s vehicle. Under the mutual agreement between the Plaintiff and the Defendant, the Plaintiff and the Defendant are parties to the agreement, the Defendant filed a petition with the Deliberation Committee for deliberation to resolve the instant disputes for reimbursement.

On April 9, 2018, the indemnity fee dispute deliberation committee recognized the negligence of the Plaintiff’s vehicle as 100% and the negligence of the Defendant vehicle as 0%, respectively, and decided that the Plaintiff would pay KRW 6,199,000 to the Defendant.

E. On April 26, 2018, the Plaintiff filed a petition for review against it. On June 11, 2018, the committee for deliberation on indemnity disputes deliberated and decided that the Plaintiff would pay KRW 6,199,000 to the Defendant.

F. On June 26, 2018, the Defendant filed a claim with the Plaintiff for payment of KRW 5,289,000, excluding KRW 910,000,000, which was scrapped among the proceeds from the sale of the Defendant’s vehicle that was scrapped. On June 27, 2018, the Plaintiff paid KRW 5,289,00 to the Defendant on June 27, 2018.

G. Meanwhile, the Plaintiff on July 2, 2018.

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