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(영문) 대구고등법원 2016.11.09 2016나23350
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

As an insurer running non-life insurance business, the Plaintiff concluded an automobile insurance contract with the automobile B driven by A (hereinafter referred to as “Plaintiff”), and the Defendant also concluded the automobile insurance contract with the D Vehicle driven by C as an insurer (hereinafter referred to as “Defendant Vehicle”).

C On July 14, 2015, at around 03:20, two persons, including E, who were on the front part of the front part of the Plaintiff’s vehicle and on the front part of the Defendant’s vehicle, who was on the front part of the said vehicle while driving the Defendant vehicle in the middle-gu water zone in the middle-gu water zone along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the one.

(hereinafter “the instant accident”). At the time, the Defendant’s vehicle driven at a speed of 60km per hour while driving the said road at a speed of 120km per hour, and the first color signal in the direction was changed to yellow. The Plaintiff’s vehicle, while driving on the opposite side to the intersection, had the signal in its direction changed to the left side from the two-lane to the left side of the road, was moving to the speed point where the signal in its direction was moving to the left side, and it was in conflict with the Defendant’s vehicle in the opposite side while driving on the road at a speed of 60km per hour, and the signal signal was yellow even at the time of the collision with the Plaintiff’s vehicle.

After the accident of this case, the Defendant paid KRW 319,424,110 to the damage compensation of the deceased E.

The Plaintiff and the Defendant subscribed to the “Mutual Agreement on the Deliberation of Motor Vehicle Insurance Claim” and thus, the Defendant filed a request with the Plaintiff for deliberation by the Deliberation Committee on the Settlement of Claims for Compensation (hereinafter “Deliberation Committee”) and the Deliberation Committee on November 30, 2015 on the Defendant’s vehicle is overwork and yellow signal.

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