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(영문) 서울중앙지방법원 2019.08.30 2018나77526
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 concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. At around 13:30 on November 5, 2017, the Plaintiff’s vehicle driven at a five-lane road in front of the Hopo-si, Hopo-si, Hopo-si, Yangsan-si, Yangsan-si, in order to enter a five-lane road in the direction of gold, the Plaintiff’s vehicle driven at a reduced speed to enter the U-turn permitted lane located at the front of 50 to 70 meters.

Accordingly, the speed of the E-vehicle running along the vehicle behind the Plaintiff’s vehicle (hereinafter “E-vehicle”) and the Defendant’s vehicle also decreased. During that process, the front part of the Defendant’s vehicle was shocked, and the Nonparty’s vehicle was pushed down with the rear part of the Plaintiff’s vehicle, due to the shock, while the Nonparty’s vehicle was pushed down in the future, and the rear part of the Plaintiff’s vehicle was shocked.

(hereinafter “instant accident”). C.

On June 11, 2018, the Dispute Review Committee decided on June 11, 2018 that “30% of the Plaintiff vehicle: Defendant vehicle 70%” in consideration of the circumstance of the sudden stop in order for the Plaintiff vehicle to be on an internship in the U.S. region.

The Defendant paid KRW 1,328,00 at the repair cost of the Defendant’s vehicle, and the Plaintiff paid KRW 398,400 (= KRW 1,328,000 x 0.3) equivalent to the Plaintiff’s fault ratio to the Defendant on July 4, 2018 in accordance with the purport of the decision of the Dispute Deliberation Committee, and filed the instant lawsuit on July 4, 2018, prior to the closing date of the decision of the Dispute Deliberation Committee ( July 5, 2018).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is attributable to the Defendant’s driver, who neglected his duty to keep safe distance at the time.

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