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(영문) 서울남부지방법원 2017.11.23 2017나56122
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with the Plaintiff, and the Defendant is the insurer who has entered into the comprehensive automobile insurance contract with the B B (hereinafter “Defendant”).

B. On May 10, 2016, around 08:40, there was an accident that shocks the front part of the Defendant’s vehicle, which was left left to the opposite direction from the front side of the Plaintiff’s vehicle, which was moved back to the left in the right direction at a distance of 4-lane from the intersection without a signal, etc. near the Handong-dong, Ansan-si, Sinsan-si. (hereinafter “instant accident”).

C. When the ratio of liability of the Plaintiff and the Defendant’s vehicle was determined at 60%:40% in the deliberation and resolution of the committee for deliberation on compensation disputes and the procedure for reexamination, the Plaintiff paid KRW 1,015,080 to the Defendant on November 9, 2016 (i.e., the repair cost of the Defendant’s vehicle 1,691,80 x 60%).

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s negligence on the front part of the Plaintiff’s vehicle as the driver of the vehicle, who was to turn to the left in the direction of the intersection due to left-hand turn, was negligent in performing the duty of front-hand care and was due to the Defendant’s total negligence. However, as the Plaintiff paid KRW 1,015,80 according to the erroneous decision of the committee for deliberation on indemnity disputes, the Defendant is liable to return the above unjust enrichment and the damages for delay.

(b) Where a driver of any motor vehicle intends to make a left turn at the intersection, he/she shall go slowly along the intersection along the median line of the road in advance and turn to the left at the center of the intersection;

However, outside the center of the intersection at the places designated by the commissioner of the district police agency as deemed particularly necessary according to the situation of the intersection.

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