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(영문) 대전지방법원 2018.10.23 2017나6885
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a mutual aid agreement for A vehicles (hereinafter “Plaintiff vehicles”) as a mutual aid business entity, and the Defendant entered into a comprehensive automobile insurance contract for B vehicles (hereinafter “Defendant vehicles”) with an insurance business entity.

B. On November 23, 2016, around 18:50 on November 23, 2016, the D entrance-distance Intersection in Chungcheongnam-nam Budget Group C, and the Plaintiff’s vehicle made a left-hand turn to the left-hand turn to the front of the front line. From the front line of the front line, the SM520 vehicle (hereinafter “other vehicles”) which was directly in the front line of the front line in the front line of the front line was discovered, fasted, and stopped on the right-hand side of the Plaintiff vehicle. The Defendant vehicle that was going behind the other vehicle of this case, conflicts with the front left-hand side of the Plaintiff vehicle and continuously conflicts with the rear part of the other vehicle of this case (hereinafter “instant accident”).

C. Meanwhile, at the time of the instant accident, the Plaintiff’s vehicle was making a left turn, and the left rear wheels stopped on the center line in order to have the right to the right to the left, and the Defendant’s vehicle stopped at a speed exceeding 40km per hour, without maintaining the safety distance from the rear of the instant vehicle, and then the Plaintiff’s vehicle and the instant vehicle conflict with the non-party vehicle as above.

On May 8, 2017, the committee for deliberation on dispute over compensation for automobile insurance decided to consider the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle as “80:20” and to pay KRW 3,880,904 to the Defendant.

E. On May 16, 2017, the Plaintiff paid KRW 3,880,90 to the Defendant according to the above decision.

F. After that, on September 20, 2017, the date of the closing of argument in the first instance trial, the Plaintiff paid KRW 61,720 as the medical expenses for E, which was boarding the instant vehicle outside the instant vehicle at the time of the instant accident at the time of the instant accident.

【Ground of recognition】 dispute.

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