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(영문) 서울중앙지방법원 2017.06.23 2016나80184
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A, B, and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B, C, and C, vehicles (hereinafter referred to as “Defendant”).

The details of the instant accident are as follows.

On December 16, 2015, the date and time of the accident: On December 16, 2015, the point of accident at a point of 50.7km area in the parallel of Masung-gun: Masung-gun, the GE-ray vehicle, which was driven on a one-lane road, has fallen off on the snowway, has broken off the snowway, has stopped over the reverse direction between the side and the two-lane, and the Defendant vehicle, which was driven on the two-lanes, reported it rapidly, has turned off the two-lanes, has turned off the central separation zone, and stopped the central separation zone and stopped on the one-lane, and the Plaintiff vehicle, which was driven on the one-lane at the same time, did not reach the speed, but did not conflict with the Defendant vehicle.

Due to this shock, the defendant's vehicle was sealed, and X-ray vehicles were shocked.

The Defendant paid totaling KRW 19,645,720,00 as insurance money for the damage inflicted on the Defendant’s driver and passengers, and then filed an application for deliberation on the instant accident with the committee for deliberation on the dispute over the claim for reimbursement against the Mez fire insurance (hereinafter “Deliberation Committee”) which is the insurer of the Plaintiff and the EXE vehicle, and the said deliberation committee made a deliberation and resolution on June 20, 2016 as to the respective fault ratio of the Plaintiff’s vehicle, the Defendant’s vehicle, and the EXE vehicle (hereinafter “instant deliberation and resolution”).

After deliberation and determination of the instant case, the Defendant claimed payment of KRW 13,752,00,00, equivalent to 70% of the insurance money paid by the Defendant to the Plaintiff, and the Plaintiff paid it to the Defendant on June 28, 2016.

【Ground of Recognition” 1 to 4 and 6 (including additional numbers) and the allegations by the parties to the whole pleadings and the allegations by the plaintiff of the judgment party, the defendant vehicle of the judgment party had already been claimed before collision with the plaintiff vehicle.

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