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(영문) 서울남부지방법원 2018.07.26 2018나51254
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. As to the B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On May 20, 2016, around 20:35, the Defendant’s vehicle shocked the middle part of the right side of the Plaintiff vehicle to the front part of the vehicle, as shown in the summary map at the scene of the accident, at the street on the Hando-dong Handong Parking Lot, Yeongdeungpo-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant accident”). C.

As to KRW 1,662,06 of the Plaintiff’s automobile repair cost due to the instant accident, the Plaintiff filed a petition with the Defendant for deliberation by the committee for deliberation on indemnity claims, and the committee for deliberation on indemnity claims decided that the Plaintiff’s negligence in relation to the instant accident and the negligence of the Defendant’s driver should be 6:4, and that the Defendant would pay KRW 810,820 to the Plaintiff.

The defendant paid KRW 810,820 to the plaintiff according to the above decision.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion occurred due to the total negligence of Defendant 1’s vehicle that was conducted in violation of the surface indication.

Therefore, the defendant should pay to the plaintiff the remainder of 81,240 won after deducting the amount of 810,820 won that the defendant paid to the plaintiff from the 1,622,060 won for the repair of the plaintiff's vehicle.

B. According to each of the above evidence, even though the Defendant’s vehicle was in the right direction on the surface of the road in which the direction of the accident occurred, the accident site of this case does not necessarily have to be set a right direction on the parking lot, and it is in conflict with the situation where the accident of this case occurred and the location of each vehicle, which can be known by the evidence as seen earlier.

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