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(영문) 서울중앙지방법원 2014.10.17 2014가합29129
부당이득금
Text

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 the insurer of the comprehensive motor vehicle insurance contract for the motor vehicle BK3 vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer of the comprehensive motor vehicle insurance contract for the motor vehicle Cump trucks owned by the Southern Industrial Heavy Co., Ltd. (hereinafter “Defendant vehicle”).

B. Around 16:40 on September 1, 2013, when the Plaintiff’s vehicle was carrying E, etc. on the Plaintiff’s vehicle, and around 16:40 on September 1, 2013, when the traffic signal, such as red on-off and warning, came to turn to the left at the right angle from the right angle to the right angle on the traffic signal such as red on-off and warning at the right angle, and accordingly, E, who was on the Plaintiff’s vehicle, died.

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

The speed of the road in which the instant accident occurred is 60 km per hour, and the estimated speed of the Defendant’s vehicle calculated on the basis of the brakes at the time of the accident is 79 km per hour, and the collision volume of the original Defendant vehicle is the front part of the Plaintiff’s vehicle and the front part of the Defendant vehicle.

On February 26, 2014, the Defendant paid the sum of KRW 285 million to E, etc., and filed a request for deliberation with the committee for deliberation on the dispute over the compensation of automobile insurance (hereinafter “Dispute Deliberation Committee”).

E. On April 21, 2014, the Dispute Deliberation Committee respectively decided 75% of the negligence of the Plaintiff’s driver on the instant accident, and 25% of the negligence of the Defendant’s driver on the instant accident.

Therefore, although the plaintiff requested review, the same decision was also rendered on May 12, 2014.

F. On May 30, 2014, according to the decision of the Dispute Deliberation Committee, the Plaintiff paid to the Defendant on May 30, 2014, KRW 21,3750,000,00 (i.e., KRW 285,00,000 x 75/100), which is equivalent to the fault ratio of the Plaintiff’s vehicle according to the decision of the Dispute Deliberation Committee (i.e., the Defendant’s insurance proceeds paid by the Defendant), and the Defendant’s medical expenses borne by the Plaintiff to the Defendant on December 31

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