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(영문) 서울중앙지방법원 2017.03.30 2016나46764
부당이득금 반환
Text

1. Of the judgment of the court of first instance, KRW 790,248 against the Plaintiff and the Plaintiff’s objection thereto from March 25, 2016 to March 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to A truck (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a motor vehicle insurance contract with respect to B (hereinafter “Defendant”).

B. On July 23, 2015, at around 08:10, the Defendant’s vehicle driven along the three-lanes among the four-lanes of the border road located in Bupyeong-gu Incheon Metropolitan City Seo-gu, Busan Metropolitan City, and brought a two-lane change from the three-lanes to the two-lanes in the same direction while changing the two-lanes from the three-lanes to the two-lanes, the front corner part of the Plaintiff’s vehicle’s right-hand side, which proceeded toward the two-lanes in the same direction, was shocked by the back side of the back

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

After paying the repair cost of Defendant’s vehicle in relation to the instant accident, the Defendant filed a request for deliberation with the Deliberation Committee on the Claim for Compensation Money Dispute Resolution (hereinafter “Deliberation Committee”). On February 22, 2016, the Deliberation Committee set the ratio of the Plaintiff’s vehicle’s liability regarding the instant accident to 30% and the ratio of the Defendant’s vehicle’s liability to 70%, the Plaintiff paid KRW 1,185,372 to the Defendant on March 4, 2016.

【Facts without dispute over the grounds for recognition】 The evidence of Gap 1 through 4 (including each number), Eul 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff argued by the parties that the accident in this case occurred by the defendant's total negligence of the driver of the defendant's vehicle, who had been driving three-lanes in the direction of one mountain direction, because the defendant's vehicle, who had been driving the three-lanes in the direction of one mountain direction, was crossing the safety zone to rapidly change the course into two-lanes in the direction of the side of the side of the side of the side of the side, and then the plaintiff paid KRW 1,185,372 to the defendant in accordance with the decision of the Deliberation Committee, and that

As to this, the defendant's vehicle is divided into three lanes and two lanes prior to the arrival of the road.

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