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(영문) 대구지방법원 2015.10.22 2015나301104
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. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to A bus owned by the New Huncheon-si Corporation (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to B-si owned by the Hansung-si corporation (hereinafter “Defendant”).

B. On August 24, 2013, at around 22:18, 2013, C driving the Defendant vehicle and driving the two-lanes of the three-lane road in front of the customer center of the Seoul Pwho-dong Seoul Pwho-dong, Pwho-dong, in order to turn off the three-lane to the front of the racing funeral hall, and, in order to turn off the three-lanes into the front part of the Defendant vehicle, C’s front part of the Plaintiff’s vehicle while driving the three-lanes of the three-lanes while moving to the front part of the racing funeral hall.

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

At the time of the instant accident, the surface was milched. D.

The Defendant filed an application with the Plaintiff for deliberation on the instant accident with the indemnity payment deliberation committee, and the indemnity payment deliberation committee deemed 40% of the negligence of the Plaintiff’s vehicle and 60% of the negligence of the Defendant’s vehicle to be 54,702,910, the Defendant decided to pay the Plaintiff KRW 21,881,164 equivalent to 40% of the negligence of the Plaintiff’s vehicle to E out of KRW 54,702,910.

E. According to the above decision, the Plaintiff paid KRW 21,881,160 to the Defendant on July 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including each number in case of additional number), Eul evidence 1 through 5, Eul evidence 6-1, Eul evidence 6-4 through 11, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred by changing the Defendant’s own lane, and the driver of the Plaintiff’s vehicle could not anticipate the change of the lane of the Defendant’s vehicle.

Therefore, the accident of this case is caused by the total negligence of the driver of the defendant vehicle, and the defendant received 21,881,160 won from the plaintiff.

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