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(영문) 서울중앙지방법원 2018.01.25 2017나59699
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

Facts of recognition

With respect to B vehicles (hereinafter “Plaintiff vehicle”) between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor, the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

Plaintiff

On January 14, 2017, around 15:27, the vehicles and the defendant vehicles are proceeding in front of the eart radars located in the new Dong-dong, Young-gu, Suwon-si. However, the above roads have a structure that leads to the left turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn on the right turn turn turn turn turn turn turn turn turn.

At the time, vehicles used to enter the Etetratra parking lot are very complicated with the above road, and the plaintiff's vehicle was driven along the right line to the left and the right line to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right

On the other hand, while the Defendant’s vehicle is proceeding along the three-lanes of the above road, the four-lanes of the above road came back from the above four-lanes, and attempted to enter the front side of the Plaintiff’s vehicle, which was slowly driven along the right line on the right line on the right line on the right line on the right line on the part of the front side of the Defendant’s vehicle.

(hereinafter “instant accident”). On May 4, 2017, the Motor Vehicle Insurance Claim Deliberation Committee decided to deliberate on and coordinate the rate of negligence between the Plaintiff and the Defendant’s vehicle in the instant accident to 70:30.

On April 26, 2017, the Plaintiff paid KRW 420,700 out of KRW 455,700, which is equivalent to 70% of the insurance money paid by the Defendant as compensation for damages according to the above decision of deliberation and resolution.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers in case of additional number), Eul evidence Nos. 1 through 4, and

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