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(영문) 서울중앙지방법원 2019.04.12 2018나76035
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

At the time of the accident, at around 10:40 on April 5, 2018, the insured vehicle CD at the time of the accident, and around 10:40 on April 5, 2018, the Plaintiff’s vehicle in the situation of the collision with the ewp road near the ewpheric ewpheric ewp in the ewpheric ewp at the location of the ewpheric ewp at the time of the accident, tried to enter the ewp ewp ewp in the non-ewp ewp ewp in the non-ewpary ewp ewp in the middle of the ewp ewp ewp ewp in the middle

B. The Defendant paid KRW 16,200,000 of insurance money under the name of the repair cost of the Defendant’s vehicle. Under the mutual agreement between the Plaintiff and the Defendant being a party to the agreement, the Defendant filed a petition with the Deliberation Committee for deliberation to resolve the instant disputes on reimbursement claims in accordance with the said mutual agreement.

C. On July 2, 2018, the indemnity payment deliberation committee recognized the negligence of the Plaintiff’s vehicle as 70% and the negligence of the Defendant vehicle as 30%, respectively. On August 30, 2018, the Plaintiff paid a group of KRW 11,340,000 to the Defendant according to the above decision.

On September 3, 2018, the Plaintiff and the Defendant affixed a trade name on the “written request for exclusion from the obligation to complete the deliberation of the compensation dispute.” Accordingly, notwithstanding the aforementioned decision of the Committee for Deliberation on the Compensation Money Dispute, the Plaintiff and the Defendant agreed to re-determine the fault of the Plaintiff and the Defendant due to the instant accident and to comply with the outcome of the lawsuit (hereinafter “instant agreement”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 9 (including additional numbers), Eul evidence 1 to the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred is that the Defendant’s vehicle driven along a two-lane road, which affected the right side of the Plaintiff’s vehicle, and the Defendant’s vehicle shocked into the right side of the Plaintiff’s vehicle.

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