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(영문) 서울중앙지방법원 2018.09.20 2018나17579
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. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On April 10, 2015, the Plaintiff: (a) around 14:51, when driving a vehicle within the land-to-land road in the Jung-gu, Seo-gu, Seo-gu, Jung-gu, Seoul (hereinafter “the fourth vehicle”); (b) the front part of the vehicle in the front of the Plaintiff (hereinafter “the first accident”); (c) the D vehicle (hereinafter “the second vehicle”) going behind the Plaintiff’s vehicle immediately behind the vehicle (hereinafter “the second accident”); (d) the Defendant vehicle remaining behind the second vehicle (hereinafter “the second vehicle accident”); (e) the E vehicle (the 6th vehicle), the F vehicle (the 5th vehicle), the vehicle (the 5th vehicle), the vehicle (the 5th vehicle), the vehicle (the 36th vehicle), and the vehicle (the 6th vehicle) of the Plaintiff vehicle (the 3rd vehicle) led to the collision.

(hereinafter referred to as “the entire accident of this case”) by referring to the above series of processes.

The Defendant filed a request with the Plaintiff for deliberation by the committee for deliberation on disputes over reimbursement of automobile insurance (hereinafter referred to as the “Deliberative Committee”) to seek partial payment of KRW 90,704,440 of the insurance money that the Defendant paid to the Plaintiff. On September 18, 2017, the Deliberative Committee decided to deliberate and decide on September 18, 2017 to the effect that “2,676,110 of the deliberated and decided amount based on the degree of negligence between the Plaintiff and the Defendant’s vehicle” is the amount equivalent to 25% of the Defendant’s claims

From September 26, 2017 to October 10 of the same year, the Plaintiff paid the amount of indemnity as indicated in the following table to the Defendant according to the decision of the above deliberation and resolution:

The amount paid by the plaintiff as a detailed security for the details of the victim or the damage = the amount paid by the defendant x 25%, and 10 won.

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