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(영문) 서울중앙지방법원 2020.08.20 2020나3740
부당이득금
Text

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

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On March 6, 2019, around 08:25, the Plaintiff’s vehicle conflict with the Defendant’s vehicle that entered a three-lane by making a left turn at a two-lane, which is the left turn from the shooting distance between South and North Korea on March 6, 2019.

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

The Defendant filed a claim against the Plaintiff for deliberation on the amount of compensation for the damage incurred by the Defendant’s vehicle due to the instant accident with F (hereinafter “F”).

On July 1, 2019, F decided on July 1, 2019 to pay KRW 22,074 (220,740,000,000) to the Defendant by deeming the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 10:90.

The Plaintiff filed the instant lawsuit after paying KRW 22,080 on October 7, 2019 according to F’s decision.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination:

A. The following circumstances can be comprehensively taken into account whether the plaintiff's vehicle's negligence in the accident of this case was found and the evidence mentioned above, i.e., the defendant's vehicle and the plaintiff's vehicle who turn to the left at the same time at the same time on the first and second lanes of the right-hand turn, and the defendant's vehicle, who makes a left-hand turn at the same time on the first lane, shall make a left-hand turn at the right-hand turn at the center of the intersection, and when there is a concern over hampering the normal passage of other vehicles, the defendant's vehicle shall not change the course, while making a left-hand turn at the right-hand turn, and the accident of this case occurred due to the error of changing the course to the outside and entering the third lane by changing the course to the right-hand turn, and

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