(영문) 대전지방법원 2019.06.27 2018나117768

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.06.27 2018나117768

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

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

On June 20, 2017, around 14:25, the Defendant’s vehicle changed the two-lanes to the two-lanes of the road located in Heungdong-dong, Seodong-gu, Chungcheongnam-gu, Seodong-gu to the two-lanes. The Plaintiff’s vehicle going into the two-lanes in front of the Defendant’s vehicle changed to the one-lanes. In the process of changing the course to the one-lane, the Defendant’s vehicle changed to the right side of the Plaintiff’s vehicle to the right side.

(hereinafter “instant accident”). The repair cost incurred on the Defendant’s vehicle due to the instant accident was KRW 1,027,40,000, but the Plaintiff paid KRW 616,440,00 to the Defendant on December 22, 2017.

[Ground of recognition] Facts without dispute, the main points of the Plaintiff’s assertion on the purport of the Plaintiff’s assertion as to the Plaintiff’s vehicle and the Defendant’s vehicle’s fault rate of 40%: 60%. The Plaintiff paid 20% of the total amount of damages to the Defendant on the premise that the Plaintiff’s negligence was 60%. As such, the Defendant is obliged to pay unjust enrichment amounting to 205,480 won (=1,027,400 x 20%) and delay damages therefrom.

Judgment

The following facts and circumstances that can be recognized by comprehensively considering the purport of the entire pleadings, i.e., the driver of any motor vehicle, when intending to change the course of the motor vehicle is likely to impede the normal traffic of other motor vehicles running in the direction of the change, shall not change the course (Article 19(3) of the Road Traffic Act). The accident in this case occurred while the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the same lane has already changed the course of the motor vehicle of the

참조조문

-도로교통법 제19조 제3항

유사 판례

-서울남부지방법원 2018.06.21 2017나66235

-서울중앙지방법원 2018.07.04 2018나755

-서울중앙지방법원 2020.11.26 2020나19998 (1)

-서울중앙지방법원 2019.11.12 2019나30326

-서울중앙지방법원 2019.01.22 2018나67482