(영문) 서울중앙지방법원 2019.05.01 2018가단5185414

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(영문) 서울중앙지방법원 2019.05.01 2018가단5185414

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a motor vehicle mutual aid contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a motor vehicle insurance contract with D vehicle (hereinafter “Defendant”).

B. (1) On July 12, 2015, around 4:25, 2015, the Plaintiff’s vehicle that was proceeding near the Incheon Sindong Highway, Incheon Sindo Office of 87.2 Kmn-do, which was broomed into a broom and broomed into the central separation zone (hereinafter “the primary accident”).

(2) At around 05:10 on the same day, Ebalian vehicle (hereinafter “small-type vehicle”) which has driven near the Young-dong Expressway point of 87.4 km in Incheon, which is the opposite lane of the road where the primary accident occurred, stopped on one lane due to the damage caused by a sudden accident, and the Fwing vehicle (hereinafter “Towing vehicle”) stopped in front of the other vehicle in order to tow the small-type vehicle after a locking.

(iii) Gishland vehicles (hereinafter referred to as “knit vehicle”).

A) The driver of the vehicle, while driving a one-lane in the Young-dong Highway, was found to have stopped the vehicle and the towing vehicle late, and the driver of the vehicle was shocked by the towing vehicle in the future due to the shock of the vehicle. (hereinafter referred to as “the second accident”).

4) During the two-lane course of the above road, the driver of the Defendant’s vehicle: (a) turned off the vehicle from the center separation zone to the one-lane; (b) shocked the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the future; (c) shocked the towing vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the future; (d) shocked the towing vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the future; and (d) shocked the towing vehicle for the vehicle for the vehicle for the vehicle for the vehicle for the future.

(j)(j).

유사 판례

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