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(영문) 서울중앙지방법원 2020.08.20 2019나78526
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

[Claim]

Reasons

1. At the time of the accident, at around 16:17, October 2018, the insured vehicle of the Plaintiff related to the insurance (hereinafter “Plaintiff”), Defendant Insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), around 16:17, October 2018, at the time of the accident, the Plaintiff vehicle attempted to change the course from the right side of the Plaintiff vehicle to the right side of the Plaintiff vehicle while the vehicle in the same direction was in the air for the straight-line signal at the right side of the upper-speed area in the above intersection, the Plaintiff vehicle attempted to change the course from the front side of the Plaintiff vehicle.

The following are the circumstances of the accident (hereinafter referred to as the "accident of this case").

B. On June 10, 2019, the committee for deliberation on the dispute over the claim for deliberation of the amount of reimbursement raised by the Defendant regarding the instant accident (hereinafter “subcommittee”) rendered a decision to deliberate and coordinate the rate of negligence on the Plaintiff’s vehicle to 40% and the rate of negligence on the Defendant’s vehicle to 60% (hereinafter “instant decision”).

C. On June 10, 2019, according to the instant decision, the Plaintiff paid KRW 4,796,000 equivalent to 40% of the Plaintiff’s vehicle’s fault ratio to KRW 11,990,00 of the total damages of Defendant vehicle due to the instant accident to the Defendant, and filed the instant lawsuit.

[Ground of Recognition] The facts without dispute, Gap's statements and images, and the purport of the whole pleadings as to Gap's 1 to 4, Eul's 1 to 4 (including each number)

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident in this case occurred due to the negligence of the driver of the defendant's vehicle, and as such, the defendant is liable to return the above KRW 4,796,000 paid by the plaintiff in accordance with the fault ratio set forth in the decision in this case.

(2) As to this, the Defendant had concurrently caused the instant accident between the Plaintiff’s vehicle driver and the Defendant’s driver, and in the instant decision.

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