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(영문) 서울남부지방법원 2019.10.31 2018나69958
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

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. Around 08:50 on January 11, 2018, the Plaintiff’s driver changed the lane from the three lanes to the four lanes among the fourth lanes of Part 25, e.g., Songpa-gu Seoul Olympic Winter-ro, Songpa-gu, to the four lanes, and the Defendant’s vehicle was rapidly operated, and the latter part of the Defendant’s vehicle fell into the front part of the Plaintiff’s vehicle.

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

The Defendant filed a petition with the E Deliberation Committee (hereinafter referred to as the “Deliberation Committee”) for deliberation on the payment of the insurance proceeds paid by the Defendant against the Plaintiff in accordance with the mutual agreement on the deliberation of the dispute over the reimbursement of automobile insurance (hereinafter referred to as the “instant mutual agreement”). On April 19, 2018, the agreement was reached between the Plaintiff and the Defendant’s respective representatives of consultations with the “70% of the Plaintiff’s liability ratio and 30% of the Defendant’s liability ratio

However, on May 6, 2018, the Defendant, who is dissatisfied with the foregoing agreement, submitted a written reversal of agreement, and the Deliberation Committee rendered a deliberation and resolution on June 4, 2018 as “10% of the Plaintiff’s liability ratio and 0% of the Defendant’s liability ratio” (hereinafter “instant deliberation and resolution”).

E. On August 7, 2018, the Plaintiff paid KRW 770,200 to the Defendant according to the instant deliberation and coordination decision.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. As to the instant accident alleged by the Plaintiff, the agreement was reached on April 19, 2018, “70% of the Plaintiff’s liability ratio, and 30% of the Defendant’s liability ratio,” and the said agreement became final and conclusive, the Plaintiff is obligated to pay only KRW 539,140 (=70,200 x 70%) corresponding to the Defendant’s liability ratio among the insurance proceeds paid to the Defendant.

Therefore, the defendant received 70,200 won from the plaintiff, above 539.

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