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(영문) 서울중앙지방법원 2019.05.22 2018나63220
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

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On May 19, 2017, around 23:10, the Plaintiff’s vehicle driven along the 8888-road in the Dong-gu Incheon-gu Yancheon-gu, Yandong-gu. The Defendant’s vehicle also proceeded in the same direction, and the Plaintiff’s front part of the Defendant’s vehicle and the rear part of the Plaintiff’s vehicle were shocked.

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

The Defendant paid KRW 3,477,00 of the repair cost of the Defendant’s vehicle destroyed by the instant accident as insurance money, asserted that the negligence of the Plaintiff’s vehicle is 70%, and claimed for reimbursement against the Plaintiff.

With respect to the instant accident, the Defendant filed an application for review against the Plaintiff pursuant to the “Mutual Agreement on E Deliberation” (hereinafter “Mutual Agreement”) concluded between the Plaintiff and the insurance company including the Defendant, and the E Deliberation Committee established pursuant to the instant Mutual Agreement established on August 21, 2017 set the amount to be paid to the Defendant on the premise that the Plaintiff’s vehicle was in conflict with the Defendant’s vehicle, and that the Plaintiff was 60% of the negligence of the Plaintiff’s vehicle and 40% of the negligence of the Defendant’s vehicle, on the ground that it was in conflict with the Defendant’s vehicle that was in conflict with the Defendant’s vehicle that was in line with the career change (3,47,000 x 60%).

(hereinafter referred to as “the instant deliberation”). (e) The deliberation of the instant case

On September 14, 2017, 14 days after the date both the plaintiff and the defendant were deemed to have received the written decision of this case. By the closing date of the above objection, the plaintiff and the defendant did not make a request for review, file a lawsuit, etc. as stipulated in the instant mutual agreement. On January 24, 2018, the plaintiff paid KRW 2,386,200, plus KRW 300,000 to the defendant with the amount determined by the instant decision of deliberation, and on March 14, 2018, the plaintiff paid KRW 2,386,200 to the defendant.

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