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(영문) 서울중앙지방법원 2020.09.09 2020나9380
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

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 April 4, 2019, at around 13:10, the Plaintiff’s vehicle entered the F-Road Intersection near the F-Sincheon-si, Chuncheon, into an straight-distance intersection, and the front part of the Defendant’s vehicle, which entered the intersection and opened the intersection on the left side of the Plaintiff’s vehicle, conflicts.

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

On July 15, 2019, the Defendant filed a request with the G Committee for deliberation against the Plaintiff, and on which July 15, 2019, the instant accident was issued due to the negligence of both the Plaintiff and the Defendant, and the fault ratio: 40% on the Plaintiff’s vehicle: 60% on the Defendant’s vehicle. Accordingly, the Defendant requested reexamination and rendered a decision of re-deliberation on September 23, 2019, with the content that “70% on the Plaintiff’s vehicle and 30% on the Defendant’s vehicle.”

On October 16, 2019, the Plaintiff paid KRW 3,850,000 to the Defendant according to the decision of re-deliberation.

[Ground of recognition] Evidence Nos. 1 through 15, Evidence Nos. 1 through 8, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) Party’s assertion (1) The difference between the road on which the Plaintiff’s vehicle is running and the road on which the Defendant’s vehicle is running does not mean that the difference between the width of the road on which the Plaintiff’s vehicle is running, and furthermore, on the road along which the Defendant’s vehicle is running, both vehicles parked on both sides of the road, while the width of the road on which the Plaintiff’s vehicle is parked only on one road, does not vary. In such a case, the Plaintiff’s vehicle that

In addition, since the police investigation on the instant accident showed the Defendant’s vehicle as a sea-going vehicle, the instant accident is entirely the Defendant.

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