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(영문) 서울중앙지방법원 2015.06.12 2014나58039
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 an insurer who has entered into a comprehensive automobile insurance contract with respect to the AA vehicle (hereinafter referred to as the “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into a comprehensive automobile mutual aid contract with respect to the B vehicle (hereinafter referred to as

B. On March 10, 2014, 10.00:30 minutes of the cleaning agency vehicle of Incheon Metropolitan City (5 tons), the Plaintiff’s vehicle was running along the front line of the front line of the Plaintiff’s vehicle, with three cleaning sections in the front line of the front line of the front line of the Defendant’s vehicle standing on the right side of the Plaintiff’s vehicle, and was running along the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the Plaintiff’s vehicle.

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

In relation to the instant accident, the Defendant filed a petition for deliberation with the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter referred to as the “Dispute Deliberation Committee”), and the dispute deliberation committee decided on July 7, 2014 as 80% of the negligence of the Plaintiff’s vehicle and 20% of the negligence of the Defendant’s vehicle. Accordingly, on July 28, 2014, the Plaintiff paid KRW 1,953,600 to the Defendant amounting to 80% of the repair cost of the Defendant’s vehicle.

[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1, 2, and 4, the purport of the whole pleadings

2. 원고의 주장 원고 차량이 비상점멸등을 켠 상태로 피고 차량에 앞서 일방통행로를 진행하다가 이 사건 삼거리에 이르러 대형차량의 특성상 우측에 공간을 여유 있게 두고 우회전을 하려고 하던 중 피고 차량이 이를 틈타 원고 차량의 우측에 끼어들어 원고 차량을 추월하여 우회전하려다가 이 사건 사고가 발생하였으므로, 원고 차량의 과실비율은 10% 이내라고 보아야 할 것이다.

Therefore, the repair cost of this case to be borne by the Plaintiff is merely 244,200 won (2,42,000 won x 0.1). Thus, the Defendant is merely 1,709,400 won out of the 1,953,600 won paid by the Plaintiff according to the above decision of the Dispute Review Board (2,442,00 won) - 1.953,600 won - 244.

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