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(영문) 서울중앙지방법원 2017.04.05 2016가단5219719
부당이득금
Text

1. The Defendant’s KRW 40,300,780 as well as the Plaintiff’s annual rate from September 9, 2016 to April 5, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract for Bro-car (hereinafter “Plaintiff-car”) with A, and the Defendant is an insurer who entered into an automobile insurance contract for Cro-car shop (hereinafter “Defendant-vehicle”).

B. On April 12, 2016, A, while under the influence of alcohol at a 0.096% of the blood alcohol concentration at around 22:12, 2016, A driven the Plaintiff’s vehicle and stopped at the right angle in the direction of 4:0 square meters on the one-lane line, following the first line at a two-lane 300-meter radius in front of the exit of the mountain intersection in the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea (hereinafter “the instant accident”).

2) On the other hand, D, E, F, etc. were stopped successively on the side of the two lanes due to the following reasons: (a) driving of each car and passing around the point where the said accident occurred; (b) witnessing the preceding accident; and (c) having been scattered on the road due to the driver’s structure or the preceding accident; and (d) stopping on the side.

3) At around 22:23 on the same day, G driven the Defendant’s vehicle and driven along the second line on the said road, and changed the said vehicle to the first line. In order to avoid the Plaintiff’s vehicle parked on the front line, G changed the said vehicle to the second line. In order to avoid the Plaintiff’s vehicle parked on the front line, G changed the said vehicle to the second line. Accordingly, the damaged vehicle was shocked by the driver and passengers of the victimized vehicle on the edge of the road (hereinafter “instant accident”).

A person shall be appointed.

C. In relation to the instant accident, the Defendant paid the victims totaling KRW 403,007,80.

After that, the defendant asserts that the accident of this case occurred because the driver of the plaintiff vehicle did not take any measures to prevent the second accident while leaving the vehicle alone on the road after the occurrence of the preceding accident, and that the plaintiff did not take any measures to prevent the second accident.

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