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(영문) 서울중앙지방법원 2020.12.10 2020나36139
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

1. A collision between the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) and the Defendant’s Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”) (hereinafter “Defendant’s vehicle”)’s insured vehicle C at the time of the occurrence of the basic fact-finding accident, and the Plaintiff’s vehicle entered the right-hand intersection of the Plaintiff’s vehicle in the direction of the Fridge located in Kimpo-si, Kimpo-si (hereinafter “instant intersection”) around August 15:43, 2019 on August 20, 2019.

A. The circumstances surrounding the instant accident are as follows.

B. On January 6, 2020, the Defendant paid the repair cost, etc. of the Defendant’s vehicle destroyed by the instant accident, and filed a request for deliberation with the deliberation committee on the ratio of negligence (hereinafter “deliberation committee”), and the said deliberation committee decided on January 6, 202 as 30% of the negligence of the Plaintiff’s driver.

C. On January 30, 2020, the Plaintiff paid the Defendant the amount of KRW 1,055,980 equivalent to 30% of the negligence ratio of the driver of the Plaintiff’s vehicle, and filed the instant lawsuit seeking return of the unjust enrichment.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident in this case occurred due to the whole negligence of the driver of the defendant vehicle due to the collision of the plaintiff vehicle while the vehicle in this case was at the right side of the plaintiff vehicle while the vehicle in this case was at the right side of the plaintiff vehicle while the vehicle was at the right side of the vehicle while the vehicle was at the right side of the vehicle in this way, so the defendant shall return the amount

(2) Accordingly, the Defendant asserts that the instant accident is an accident caused by competition between the Plaintiff’s vehicle driver and the Defendant’s driver’s negligence at the same time at the intersection where traffic control is not performed, and that the decision of the Deliberation Committee on the Plaintiff’s rate of fault is appropriate, so there is no unjust enrichment that the Defendant

B. (1) The above facts of recognition are shown earlier.

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