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(영문) 서울중앙지방법원 2019.04.10 2018나45888
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

On August 24, 2017, at the time of the accident, the insured vehicle (hereinafter “Plaintiff”) Defendant Insured Vehicle C (hereinafter “Defendant Vehicle”) of the Defendant Insured Vehicle (hereinafter “Defendant Vehicle”) changed the course from three lanes to one lane from among the three-lanes of the road in the direction of the E-ray in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the front left side of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in front of the left side of the Defendant vehicle in the direction of the vehicle in the direction of the vehicle in the direction of the vehicle in front of the left side of the left side of the vehicle in the direction of the vehicle.

B. On February 5, 2018, at the G Deliberation Committee (hereinafter “Deliberation Committee”)’s request, the Plaintiff’s fault ratio of the Plaintiff’s vehicle driver regarding the instant accident was 80%, and the Defendant’s fault ratio was determined as 20% (hereinafter “instant adjustment decision”), and both the Plaintiff and the Defendant did not file a request for reexamination, lawsuit, etc. within 14 days from the date of receiving the notice of the instant adjustment decision.

C. The relevant provisions of the mutual agreement on G deliberation, which is the basis of the establishment of the Deliberation Committee (hereinafter “instant mutual agreement”) and the mutual agreement on G deliberation (hereinafter “instant enforcement agreement”), are as follows.

Article 26 (Lawsuit, etc.) (1) of the instant mutual agreement (where a request for review has been made, a claimant may file a lawsuit against G that became subject to the decision of the Review Committee within 14 days from the date of receiving a notice of decision of the Review Committee (where a request for review has been made,

(2) The respondent shall file a lawsuit claiming the return of unjust enrichment against the claimant after fulfilling the same obligation as the part of the mediation decision of the Deliberation Committee.

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