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(영문) 인천지방법원 2021.01.14 2020나58413
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

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

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of the following facts: Gap evidence No. 1, Eul evidence No. 3, Eul evidence No. 1, Eul evidence No. 5, Eul evidence No. 6, Eul evidence No. 2, Eul evidence No. 2-1, 2, Eul evidence No. 3, and Eul evidence No. 4, and the whole purport of the arguments No. 4, and there is no counter-proof.

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with the C chartered bus (hereinafter “Plaintiff bus”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with D Passenger Vehicles (hereinafter “Defendant Passenger Vehicles”).

B. On August 16, 2018, the Plaintiff bus was making a left turn at the two-lane left turn on the left turn on the F-side distance in Jung-gu Incheon Metropolitan City, Jung-gu, and the Defendant car was making a left turn after another bus (hereinafter “non-party bus”) that was making a left turn on the left turn on the left turn on the left turn at the three-lane left turn on the left turn.

Plaintiff

The bus entered a two-lane on the left by making a left turn to the left, and entered a three-lane on the left side by making a left turn to the left-hand turn. The Defendant bus entered the third-lane on the left-hand side of the road by making a left turn to the left-hand turn. As the Plaintiff bus entered a two-lane on the left-hand side by making a left turn to the left-hand turn, the bus passed a cross-party bus which made a left turn in front of the Defendant car and entered the third-lane on the left-hand side of the road.

The defendant's car driven driven into three lanes on the left side of the road and tried to change the lane into two lanes on the left side of the defendant's car, which led to the shocking side of the right side of the plaintiff's bus (hereinafter "the accident in this case").

The driver of the Defendant’s vehicle received KRW 1,589,930 from the Defendant as insurance money, excluding KRW 400,000,000 from the driver’s exemption from the repair cost of the Defendant’s vehicle according to the security of self-vehicle damage.

(d)

In regard to the instant accident, the Defendant shall deliberate on the Plaintiff’s fault ratio dispute deliberation committee (hereinafter referred to as “deliberation committee”).

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