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(영문) 서울중앙지방법원 2021.02.09 2020나67553
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

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

B. On the other hand, the road of the 4-lane in the direction of the F Transportation Point in E at the time of Pakistan, and on the G apartment room, the two-lanes and the two-lanes and the two-lanes and the two-lanes and the two-lanes are cross-sections in a straight line (hereinafter “instant intersection”), and the one-lanes, which is the left-hand turn turn left-hand turn-hand turn-hand turn-down and the two-lanes are the three-lanes as the lane decreases.

(c)

Plaintiff

On August 22, 2019, around 20:20:25, the vehicle entered the intersection at the first lane, which is the right-hand left-hand side of the previous road to the intersection of this case, and attempted to go straight, and the left-hand side of the Defendant vehicle, which was directly located on the two-lane next to that of the Plaintiff vehicle, shocked into the right-hand side of the Plaintiff vehicle (hereinafter “the instant accident”).

Meanwhile, in a dispute between the Plaintiff and the Defendant on the rate of negligence regarding the occurrence of the instant accident, the Defendant filed a petition for deliberation with the Committee for Deliberation on Disputes over the Rate of Negligence (hereinafter “Deliberation Committee”). On March 30, 2020, the Deliberation Committee decided that the rate of negligence between the Plaintiff and the Defendant’s vehicle was 50:50.

Accordingly, the defendant appealed and filed a request for reexamination. On May 25, 2020, the deliberation committee asserted that the defendant's vehicle is an accident of violation of the driver's surface indication on the part of the plaintiff's vehicle, which is driven by the defendant's vehicle in the two-lane left left and right-hand at the right-hand left-hand one, and the plaintiff is an accident that occurred while the defendant's vehicle is moving from the two-lane to the one-lane. Unless there is an indication prohibiting a direct driving on the one-lane, the plaintiff's vehicle is not considered as an accident of violation of the driver's surface indication on the part of the plaintiff's vehicle. However, it is directly driving on the left-hand one-lane.

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