(영문) 부산지방법원 2015.08.13 2014나17043

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(영문) 부산지방법원 2015.08.13 2014나17043

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. With respect to B automobiles owned by the Plaintiff (hereinafter “Plaintiff”) with A, the Defendant is the insurer who signed each automobile insurance contract with C with respect to D automobiles owned by the Plaintiff (hereinafter “Defendant”)

B. On February 25, 2011, around 19:35, A driven the Plaintiff’s vehicle and attempted to make a right-hand route to the subway line 1 Busan National University located near the Busan National University located in Geumcheon-gu, Busan. In order not to obstruct the passage of the straight-line vehicle. During that process, the part of the back part of the Plaintiff’s vehicle waiting to make a right-hand route from the rear part of the Defendant’s vehicle was shocked.

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

After paying the medical expenses of KRW 1,297,30 to C, the Defendant requested the Plaintiff to recover the full amount of the above medical expenses on the premise of the Defendant’s exemption, but the Plaintiff failed to comply therewith, and the Plaintiff filed a request for deliberation with the “The Deliberation Committee on the Disputes over Compensation for Automobile Insurance (hereinafter “Deliberation Committee”) for deliberation on the instant accident at KRW 1,297,330 on the premise that the ratio of liability to the instant accident is 0%.

However, in the process of deliberation, both representatives of the plaintiff and the defendant (the defendant E and the plaintiff F) recognized the negligence of the plaintiff's vehicle as 100% and agreed to pay KRW 1,297,30 to the defendant (hereinafter "the agreement in this case"). Accordingly, on May 17, 2012, the Deliberation Committee made a decision on the agreement in this case "the payment of medical expenses incurred until March 7, 201" in the position of "consulter" as "one hundred percent of the plaintiff's liability ratio, 0 percent of the defendant's liability ratio, and 0 percent of the agreed amount," and "the agreement in this case".

B. On March 20, 2014, the Plaintiff paid KRW 1,297,330 to the Defendant.

E. However, the Plaintiff’s decision of the instant agreement is as well.

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