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(영문) 서울중앙지방법원 2014.12.23 2014나20546
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 first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A for B automobiles (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to C Truck (hereinafter “Defendant”).

B. At around 11:30 on September 3, 2012, the Defendant’s vehicle was going straight from the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane. However, while the Plaintiff’s vehicle was left left at one-lanes on the right side of the Defendant’s driving direction, there was an accident that conflicts between the front part of the Defendant’s vehicle and the left rear part of the Plaintiff’s vehicle.

(hereinafter referred to as the "accident of this case", and both the plaintiff's vehicle and the defendant's vehicle driving direction have a stop line and yellow flashing signal).

After the instant accident, the Defendant paid KRW 1,312,630 of the insurance money as the repair cost of the Defendant’s vehicle, and then requested the indemnity payment deliberation committee to pay KRW 1,050,104 equivalent to 80% of the said insurance amount as the amount of indemnity. Accordingly, the indemnity payment deliberation committee decided to deliberate and coordinate on April 17, 2013 that the Defendant’s vehicle and the Plaintiff’s vehicle’s vehicle’s liability ratio to KRW 30%:70%, and that the Plaintiff paid KRW 918,841, equivalent to 70% of the said insurance amount to the Defendant.

On May 8, 2013, the Plaintiff paid KRW 876,841 according to the above deliberation and resolution. On November 15, 2013, the Plaintiff filed the instant lawsuit against the Defendant seeking return of the said KRW 876,841 as unjust enrichment.

[Reasons for Recognition] Facts without dispute, Gap 1-5, Eul 1-2, and the purport of the whole of the arguments and images.

2. In full view of the developments leading up to the instant accident, the point of accident, the conflict between the Plaintiff’s vehicle and the Defendant’s vehicle, and the situation in which the Plaintiff’s vehicle, who was on the left and left turn at the bar, was on the left, etc., the Plaintiff’s vehicle and the Plaintiff’s vehicle, and the left and left turn.

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