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(영문) 서울중앙지방법원 2018.11.06 2018나36884
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The appeal cost (including the cost of participation) shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

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

B. On July 8, 2017: (a) around 07:17, the Defendant’s vehicle proceeded to turn to the left in order to turn to the left at the right edge of the vehicle of the auxiliary participant driving who proceeded to the above embankment in the right direction on the left side of the Defendant’s vehicle, while driving the three-distance bank in the direction of the embankment in the direction of the embankment from the front side of the deaf road; (b) was shocking to the right edge of the Plaintiff’s vehicle by the assistant participant driving who proceeded to the above embankment in the right direction on the left side of the Defendant’s vehicle.

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

On October 23, 2017, the Defendant’s negligence ratio of the Plaintiff’s driver and the Defendant’s driver of the vehicle was determined as 20%:80% according to the deliberation of the committee for deliberation of the dispute over indemnity amount opened by the Defendant against the Plaintiff, and the result of reexamination conducted on December 4, 2017 is the same.

(hereinafter “instant decision”) D.

Plaintiff

On December 22, 2017, the Plaintiff, the insurer of the vehicle, paid 891,220 won to the Defendant insurance money equivalent to 20% of the repair cost of the Defendant vehicle, according to the instant decision.

E. On December 25, 2017, before the expiration of the objection period against the instant decision, the Plaintiff filed the instant lawsuit against the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3 (including branch numbers for those with a serial number) and the purport of the whole pleadings

2. The following circumstances revealing the existence of the Defendant’s unjust enrichment and the scope of the aforementioned recognized scope and the purport of the entire pleadings, i.e., the driver of a vehicle who intends to turn to the left at the intersection where traffic is not controlled, should yield the course to the vehicle when there are other vehicles seeking to go to the intersection or make a right-hand turn.

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