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(영문) 서울중앙지방법원 2015.09.10 2014나37896
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. With respect to A vehicle (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant’s vehicle”).

B. C, around 16:05 on October 18, 2012, driving a motor vehicle on the Defendant side and driving a two-lane of the two-lane road in front of the 183 Open Middle Schools in Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul, with the direction of the two-lane of the two-lane of the two-lane of the two-lane road in front of the 18

The turn to the left was made on the face of the 6-year complex.

D is driving the plaintiff's vehicle at the same time and driving the same road on the front side of the defendant's vehicle.

In order to avoid a motor vehicle on the defendant side who is moving to a two-lane and continuing to turn to the left, the error of the E driving, which has come beyond the center line, was shocked from the opposite direction.

(hereinafter “instant accident”).

C. After the Defendant paid the insurance money of KRW 2,930,194 in total for the medical expenses and the repair expenses of the Defendant, the Defendant filed a request for deliberation against the Plaintiff to the Motor Vehicle Insurance Claim Dispute Deliberation Committee (hereinafter “Deliberation Committee”).

On August 12, 2013, the Deliberation Committee decided the ratio of responsibility on both sides to the Plaintiff’s 20% and the Defendant’s 80%, and the notice of deliberation and resolution was served on the Plaintiff and the Defendant around that time.

After paying KRW 163,120 to the Defendant according to the above decision of deliberation and coordination, the Plaintiff filed the instant lawsuit seeking refund of KRW 163,120 on October 18, 2013.

E. The “mutual agreement on the deliberation of a dispute over reimbursement of automobile insurance” provides that the decision of the deliberative committee shall be finalized unless the decision of the deliberative committee is filed within 14 days from the date of receipt of the notice of the decision of the deliberative committee, and if the decision of the deliberative committee becomes final and conclusive, it shall be deemed that the agreement between the claimant and the respondent has the same effect as the order

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