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(영문) 수원지방법원 2017.11.03 2017나56919
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle mutual aid agreement with respect to A chartered bus (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive motor vehicle comprehensive insurance contract with respect to B (hereinafter “Defendant vehicle”).

B. (1) On February 29, 2016, the Plaintiff’s driver driven the Plaintiff’s vehicle and driven the two-lanes of the two-lanes of the two-lanes of the two-lanes in the direction of the front side of the D in Suwon-gu, Suwon-si. (2) However, at the time, the Defendant’s driver driving the Defendant’s vehicle, driving the Defendant’s vehicle, driving it on the two-lanes in the same direction, and the Plaintiff’s driver changed the two-lanes into the two-lanes in the same direction as above, and the Plaintiff’s front left side of the Plaintiff’s vehicle was at the front side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

(1) On August 2016, the committee for deliberation on the dispute over liability for reimbursement of automobile insurance decided to deliberate on and coordinate the ratio of negligence between the Plaintiff’s driver and the Defendant’s driver to 25:75 regarding the instant accident. (2) On August 31, 2016, the Plaintiff paid KRW 1,092,50, which is a part of the insurance money paid by the Defendant to the Defendant’s driver as repair expenses, as damages according to the above deliberation and resolution decision.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the previous negligence of the Defendant’s driver, and thus, the Defendant shall refund the Plaintiff the damages amounting to KRW 1,092,50, and damages for delay, which have already been paid, to the Plaintiff as unjust enrichment

B. The Defendant’s assertion that the instant accident occurred has changed the lane from the first lane to the second lane without a signal to change the lane prior to the negligence of the Defendant’s driver and the change of the lane of the Defendant’s vehicle.

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