(영문) 대구지방법원 2016.04.27 2015나13773

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자간(%)

(영문) 대구지방법원 2016.04.27 2015나13773

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. Basic facts

A. The Plaintiff is an insurer who is engaged in the mutual aid business under the Passenger Transport Service Act and has concluded an automobile mutual aid insurance with Nonparty A to compensate for the damage incurred during the possession, management, and use of the Plaintiff’s B-owned vehicle (hereinafter “Plaintiff”).

B. The Defendant is an insurer that has concluded an automobile insurance contract with Nonparty C and D vehicles owned by Nonparty C (hereinafter “Defendant”).

C. On June 22, 2014, around 00:28, the Plaintiff and the Defendant vehicle driven along three lanes in the direction of the 4th parallel in the direction of the direction of the direction of the right side of the Plaintiff vehicle and moved to the fourth parallel road. The Defendant vehicle driven along the vehicle without viewing that the Plaintiff vehicle stops (a somewhat four-lane along the Plaintiff vehicle) while driving along the vehicle on the right side of the Defendant vehicle. D, the front side of the Plaintiff vehicle in the front side of the right side of the Defendant vehicle.

Due to the above traffic accident, there were KRW 23,210,00 for the defendant vehicle and KRW 2,330,436 for the plaintiff vehicle.

E. The Defendant filed a claim for the mediation of negligence with the Motor Vehicle Dispute Resolution Committee, and the said Dispute Resolution Committee, on February 23, 2015, deemed that “the cause of drilling accidents appears to have been partially incurred by the Plaintiff’s vehicle due to an urgent situation over 3-4 lanes,” and recognized 20% for the Plaintiff’s vehicle and 80% for the Defendant vehicle.

F. On March 5, 2015, the Defendant filed a claim against the Plaintiff for the amount equivalent to the fault ratio of the Plaintiff’s vehicle among the repair cost of the Defendant vehicle, and the Plaintiff paid KRW 4,642,00 to the Defendant.

G. On June 30, 2014, the penalty was imposed on the driver of the Defendant vehicle due to his/her breach of duty of safety, such as Jeonju-ju, etc.

[Reasons for Recognition] Facts without dispute, Gap's entries, Gap's 1, 2, 3, 4, 5 (including virtual numbers), 6's images and the purport of the whole pleadings

2. The Parties.

참조조문

-여객자동차 운수사업법

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