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(영문) 서울중앙지방법원 2020.09.09 2020나12508
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff, including expenses incurred by supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to DNA (hereinafter “Plaintiff”), and the Defendant is the owner of the vehicle E (hereinafter “Defendant vehicle”) and the Defendant’s assistant intervenor is the insurer who entered into the automobile insurance contract with respect to the Defendant vehicle.

B. On October 6, 2018, at around 10:30 on October 6, 2018, Plaintiff Oba passed the intersection by straight lines in violation of signal signal, etc. from the private distance front of the F apartment apartment in the Namyang-si, Namyang-si, and Plaintiff Oba conflict with the front part of the Defendant vehicle entering the right side of the Plaintiff Obaba and the front part of the Defendant vehicle entering the right side of Obabain.

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

On October 19, 2018, the Plaintiff paid KRW 1,387,660 to the Defendant at the repair cost of the Defendant’s vehicle.

[Ground of recognition] The purport of Gap evidence 1 to 10, Eul evidence 1 to 1, 2, and 3, as a whole, and the purport of the whole pleading

2. The assertion and judgment

A. Although the Plaintiff’s assertion Oba entered the intersection in violation of the Plaintiff’s signal, the Defendant’s vehicle also entered the intersection beyond the vehicle stop line in front of the straight-line signal, and the instant accident occurred while entering the intersection by accelerating the straight-line signal, which led to the instant accident. As such, the instant accident occurred by the negligence of Plaintiff Oba and the Defendant’s driver.

In addition, in light of the occurrence of the instant accident, the course, speed, and the form of entry into the intersection of the two vehicles, etc., the negligence of the Defendant is at least 30%, and thus, the Defendant is obligated to return 416,290 won (=1,387,660 won x 0.3) equivalent to 30% of the amount paid by the Plaintiff to the Plaintiff.

B. The following circumstances, i.e., the facts of the judgment, the occurrence of the instant accident, the conflict between each of the instant vehicles, and the road status, can be comprehensively considered to the purport of the entire arguments.

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