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(영문) 서울중앙지방법원 2020.08.28 2019가단5262721
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a corporation running non-life insurance business, etc., concluded a comprehensive insurance contract for CranzHG car (hereinafter “damageized Vehicle”).

Luxembourg The defendant concluded a comprehensive insurance contract for D's Mescar car (hereinafter referred to as "Ga's car") as a corporation operating non-life insurance business.

Secondly, the Plaintiff and the Defendant and non-life insurers entered into a mutual agreement on the deliberation of the automobile accident ratio dispute in order to promptly resolve disputes related to the existence and scope of their liability on the grounds of competition with the liability of the insurance accident.

The E Deliberative Committee is a deliberative body established under the above agreement.

On the other hand, a decision shall become final and conclusive if no petition for review or lawsuit is filed within 14 days from the date of receipt of the mediation decision of the Deliberative Committee.

B. On January 29, 2017, at around 03:36, Nonparty F, driving a vehicle on the side and driving the vehicle on January 29, 2017, and driving the four-lane road at the 3.8km km away from the westside of the west Sea, the two-lane road at the 3.8km away from the westside of the west Sea, toward the right-hand side of the damaged vehicle stopped on the side. However, Nonparty F conflict with the left-hand side of the damaged vehicle.

B. Nonparty G of the driver of the damaged vehicle, the driver of the towing vehicle who repaired the damaged vehicle, died respectively, and Nonparty I and J suffered injury on the back seat of the damaged vehicle.

Referencely, the Defendant, as an insurer of the Aquatic Vehicle, paid a total of KRW 419,829,630 in connection with the said accident.

C. (i) The Defendant submitted a written request for deliberation against the Plaintiff for the payment of KRW 125,948,889 equivalent to 30% of the fault ratio of the damaged vehicle, taking the type of dispute into account as “Negligence”, and the said Deliberation Committee considered the negligence of the damaged vehicle as 15% on October 7, 2019 and decided to deliberate and coordinate “62,974,444 won”.

The plaintiff on October 15, 2019.

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