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(영문) 서울중앙지방법원 2019.05.07 2017가단5186823
부당이득금
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual interest from September 28, 2017 to October 13, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C to D (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with E with respect to the vehicle for E and F soft (hereinafter “Defendant vehicle”) (hereinafter “instant insurance contract”).

B. On October 21, 2014, E, G, H, etc., on board the Defendant vehicle, entered the border through a new shotle Tol, on the part of October 23:54, 2014, and then, at the right side of the road located on the Seo-gu, Seo-gu, Seo-gu, Seo-si, an accident that turns down into a broom and the front side of the Defendant vehicle and the rear side of the vehicle are shocked with the central separation unit (hereinafter “the primary accident”). G sent a signal to prevent subsequent accidents with the Defendant vehicle after getting out of the vehicle after the primary accident, but there was a conflict with the latter part of the Defendant vehicle (hereinafter “the second accident”).

During this accident process, E was killed in low-weight shocks, etc. after being separated from the median line and died from the opposite lane.

(1) The second and second accidents (hereinafter referred to as the “instant accidents”). C.

On April 5, 2017, the Defendant calculated KRW 226,703,360 for property damage and mental damage sustained by E due to the instant accident, and paid KRW 100 million to his bereaved family members according to the automobile injury security (hereinafter “instant automobile injury security”) under the instant insurance contract, and filed a request for deliberation against the Plaintiff at the I Deliberation Committee on April 19, 2017 for an amount of KRW 70 million for reimbursement against the Plaintiff.

On July 3, 2017, the I Deliberative Committee recognized the negligence of the Plaintiff’s vehicle as 60%, and the negligence of the Defendant’s vehicle as 40%, and decided as a reimbursement of KRW 60 million out of the insurance money paid by the Defendant. In this regard, the Plaintiff filed a petition for retrial, but the decision on September 11, 2017.

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