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(영문) 서울중앙지방법원 2017.02.08 2016가단5165911
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who is the insured of Nonparty A and entered into a comprehensive motor vehicle insurance contract for Hak personal motor vehicle for the Plaintiff’s B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into the comprehensive motor vehicle insurance contract for C (hereinafter “Defendant’s vehicle”).

B. On February 3, 2013, around 23:50 on February 3, 2013, the Plaintiff’s driver D is driving along the Young-dong Highway along the two-lanes in Incheon direction.

The central separation zone was cut down on the road, and then stopped in the reverse direction by 180∑ 180∑ 1, and thereafter, the liquid vehicle, which was driven in the front side of the plaintiff vehicle, discovered and operated the accident, and was stopped after shocking the central separation zone, and the vehicle behind the liquid vehicle was stopped after shocking the central separation zone. Since then, the freight vehicle behind the liquid vehicle was stopped after the above liquid words, and the driver of the above freight vehicle was driven in the front of the plaintiff vehicle in order to control the accident.

(hereinafter, each of the above accidents is referred to as “onboard event.” C.

The non-party F is driving the defendant vehicle and driving the two-lane of the road of this case.

As a prior accident, the driver of the above cargo vehicle E, which was in front of the plaintiff, has been shocked and continued to shock the liquid vehicle and the plaintiff vehicle (hereinafter "the accident in this case") in order to cope with the prior accident while discovering and driving the vehicle in a sudden stop at the same time.

The Plaintiff filed a lawsuit against the Defendant for the payment of KRW 5,446,200, which is the full repair cost of the Plaintiff’s vehicle, with this Court No. 2015 Ghana571840, and this Court ruled that the negligence of the Plaintiff’s driver and the Defendant’s driver was 30:70, and sentenced the Defendant to order the payment of KRW 3,812,340, and damages for delay. The Plaintiff and the Defendant appealed both.

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