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(영문) 서울중앙지방법원 2018.09.07 2018나22144
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity which has entered into a mutual aid agreement with A trucking vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a motor vehicle B (hereinafter “Defendant”) with respect to the vehicle B.

B. On April 20, 2016, at around 10:50, the Plaintiff’s vehicle: (a) had an accident of contact with the Defendant’s driver’s seat and the senior part of the Plaintiff’s seat on the side of the Plaintiff’s vehicle running along the three-lanes in the same direction from the gate of the Incheon Highway at the seat of the Incheon Highway, along the two-lanes from the gate of the west Incheon Highway (hereinafter “instant intersection”); and (b) had been driving along the three-lanes on the side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On January 16, 2017, the Defendant paid KRW 1,405,70 to the repair cost of the Defendant’s vehicle, and then filed an application for deliberation and mediation with the Plaintiff, and the Deliberation Committee decided on January 16, 2017, the rate of negligence of the Plaintiff’s vehicle and the Defendant’s vehicle to be 50% on the ground that “The instant accident was an accident that was contacted in the course of entering the lane by passing through the intersection of sublims, and was in contact with each other in the course of entering the lane, on the face of the accident site photographs, the vehicle was enlisted in the next lane in light of the state of stopping over the first and the second lanes, and is presumed to be an approach to the course of changing the course.”

Accordingly, on October 13, 2017, the Plaintiff paid to the Defendant KRW 702,850 equivalent to 50% of the above KRW 1,402,700 paid by the Defendant, and filed the instant lawsuit on December 5, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 7, Eul evidence 1, Gap evidence 2, Eul evidence 2 and Eul evidence 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the instant accident takes place by the Defendant’s vehicle following the Plaintiff’s vehicle on the three-lanes, and the Plaintiff’s vehicle is future in the blind spot of the Plaintiff’s vehicle.

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