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(영문) 대구지방법원 2017.03.23 2016나309556
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is a cab for business use A owned by Large Transport Co., Ltd. (hereinafter “Plaintiff-Motor Vehicle”).

2) The Defendant is an insurer which has entered into an automobile insurance contract with respect to Cenz automobiles owned by B (hereinafter “Defendant vehicle”).

B. On June 27, 2015, around 11:56, the instant accident D operated the Plaintiff’s vehicle in front of the Fhanwon located in Daegu Dong-gu, Daegu Dong-gu, and changed the lane from three lanes to two lanes from three lanes from the Daegu Dong-gu, Daegu Dong-gu, and Dong-gu.

At that time, the defendant vehicle, who was in the second two lanes after the plaintiff vehicle, was shocked on the left side of the plaintiff vehicle into the right side of the defendant vehicle.

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

The Defendant paid KRW 8,488,00 to the Defendant’s driver of the instant vehicle with the insurance proceeds from the instant accident. 2) The Defendant applied for deliberation and coordination on the percentage of fault of the Plaintiff and the Defendant’s vehicle in relation to the instant accident to the Dispute Deliberation Committee on the Compensation for Automobile Insurance (hereinafter “Dispute Deliberation Committee”). On January 18, 2016, the Dispute Deliberation Committee set the negligence of the Plaintiff’s vehicle as 70% and the negligence of the Defendant’s vehicle as 30%.

As to this, the Plaintiff applied for review to the Dispute Deliberation Committee, but the Dispute Deliberation Committee dismissed the Plaintiff’s application for review on March 28, 2016.

3) On April 19, 2016, the Plaintiff paid 5,941,600 won (i.e., KRW 8,488,000 x 70%) equivalent to 70% of the insurance money paid by the Defendant under the pretext of reimbursement to the Defendant in accordance with the decision of the Dispute Deliberation Committee (hereinafter “instant amount”).

(i) [Facts without dispute over the basis of recognition, entries in Gap evidence 1 through 9, images and the purport of the whole pleadings;

2. The parties' assertion

A. Although the Plaintiff 1’s driver expressed in advance his intention to change the vehicle line to the Defendant’s vehicle that was subsequently driven by the Plaintiff 1, the Defendant 1’s driver.

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