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(영문) 서울중앙지방법원 2019.08.13 2018나81860
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 concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On March 30, 2018, around 11:14, the Defendant’s vehicle is driving along the fourth lane of the fourth lane of the bus stops in front of the F Elementary School bus stops located in E (hereinafter “instant road”). While entering the fourth lane, the four lanes, which are the combined roads, came into three lanes in the area where the four lanes cease to exist, and the vehicle of the Plaintiff’s vehicle driving in the last three lanes at the end.

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

The instant road is a three-lane road connected to the long-distance intersection and the two-way viewing. From the point of intersection with G to the point of intersection, the four-lane road was also a four-lane. At the point of the instant accident, the four-lane road is gradually narrow and is opened in the form of three-lanes.

Due to the instant accident, the Defendant’s vehicle was treated as total loss, and the Defendant paid KRW 11,450,000 for the Defendant’s vehicle’s damage, asserted that the negligence of the Plaintiff’s vehicle in the instant accident was 40%, and applied for deliberation and coordination on the amount of indemnity by the Defendant to the Deliberation Committee on Disputes over Compensation Fund organized in accordance with the mutual agreement (hereinafter “Deliberation Committee”).

On July 30, 2018, the Deliberation Committee rendered a decision to deliberate on and coordinate the Plaintiff’s vehicle and the Defendant’s vehicle’s fault ratio of 15:85 and to pay KRW 1,717,500 (i.e., the Defendant’s vehicle’s loss amount of KRW 11,450,000 x 15%) to the Defendant (hereinafter “instant decision”).

E. On August 9, 2018, the Plaintiff paid KRW 1,717,500 for reimbursement to the Defendant according to the instant decision.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 4 through 7 (including paper numbers) and video, the purport of the whole pleadings.

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