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(영문) 서울중앙지방법원 2016.11.23 2016나35238
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 A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 7, 2014, the Plaintiff’s driver drivened the Plaintiff’s vehicle on September 19:10, 2014, and stopped after changing the three-lanes from the right-hand oil station to the three-lanes in order to avoid a imprisonable vehicle while driving the Plaintiff’s vehicle along the instant vehicle along the instant three-lanes near the valley Cro-dong, Seoul Special Metropolitan City. The Plaintiff’s driver: (a) driven the Plaintiff’s vehicle; (b) driven the Plaintiff’s vehicle, who stopped on his own; and (c) driven the rear of the Plaintiff’s vehicle, who parked along the instant vehicle.

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

Then, the Defendant filed a petition with the Plaintiff for deliberation on the payment of the insurance money paid by the Defendant to the Defendant’s driver to the Deliberation Committee on the Settlement of Automobile Insurance Claim (hereinafter “Deliberation Committee”). On January 13, 2015, the Deliberation Committee set the liability ratio of the Plaintiff’s vehicle to 60% and the liability ratio of the Defendant’s vehicle to 40%, and decided that the Plaintiff would pay KRW 460,39 to the Defendant (hereinafter “Deliberation and Decision”).

Accordingly, on March 30, 2015, the Plaintiff paid 460,400 won to the Defendant, which corresponds to the ratio of negligence of the Plaintiff’s vehicle among the repair cost of the Defendant vehicle.

E. Meanwhile, the Plaintiff and the Defendant are the business operators who subscribed to the mutual agreement on deliberation of the dispute over the claim for reimbursement of automobile insurance (hereinafter “instant agreement”), and the contents of Article 26 of the enforcement rules of the instant agreement are as follows.

Article 26 (Payment of Decision) (1) of the Regulations on Implementation of the Mutual Agreement on the Deliberation of Dispute over Compensation for Automobile Insurance (Payment of Decision)

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