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(영문) 대전지방법원 2017.09.27 2017나1514
부당이득금반환
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 Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with C and D business vehicles (hereinafter “Defendant”), with respect to A and B Grandroth vehicles (hereinafter “Plaintiff vehicle”).

B. On September 1, 2014, at around 00:01, the driver of the Defendant vehicle who suffered a traffic accident of the Defendant vehicle (hereinafter “Defendant vehicle”), followed the front part of the Defendant vehicle, which was parked at the right edge of the running direction of the Defendant vehicle, while driving on the front road of the Defendant vehicle E in front of the front part of the Defendant vehicle.

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

With respect to the instant accident that the Plaintiff paid as advance payment to the Defendant, the Plaintiff paid KRW 14,472,00 to the Defendant on June 30, 2015.

On August 7, 2015, the Plaintiff sent to the Defendant a written request for exclusion from the obligation to deliberate on the dispute over indemnity with respect to the instant accident. On August 10, 2015, the Defendant consented to the foregoing reply. (2) On August 18, 2015, the Defendant filed a request for deliberation with the Deliberation Committee on the Dispute over Compensation for Automobile Insurance pursuant to Article 17 of the Mutual Agreement and Article 11 of the Enforcement Rule thereof.

3) On October 19, 2015, the indemnity review committee determined that “the Plaintiff’s vehicle was illegally parked at night,” and decided to recognize the Plaintiff’s fault as 20% in relation to the instant accident, and that the Plaintiff would pay KRW 2,894,410 to the Defendant. 4) The Defendant filed a petition for review on the foregoing decision. On November 23, 2015, the review committee decided to increase the deliberated amount to KRW 14,472,050, while maintaining the fault ratio of the Plaintiff’s vehicle.

5) On December 15, 2015, the Plaintiff filed the instant lawsuit. E. Meanwhile, the mutual agreement on the deliberation of the dispute over reimbursement of automobile insurance (i.e., the mutual agreement) is on the one hand.

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