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(영문) 서울남부지방법원 2018.12.13 2018나52356
부당이득금
Text

1. Of the judgment of the court of first instance, KRW 6,910,005 against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) and its corresponding amount.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. With respect to Czeman Vehicle (hereinafter “Plaintiff vehicle”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with respect to DSS5 vehicle (hereinafter “Defendant vehicle”).

B. On April 5, 2015, at around 10:50, the Plaintiff discovered that the EMW vehicle stops in a two-lane due to the traffic congestion on the border near the front west in Ansan-si, and changed the lane into a three-lane, and the vehicle stopped in a three-lane after he shocked the rear part of the E vehicle.

(hereinafter referred to as “the primary accident”). Since then, the Defendant’s vehicle following the Plaintiff’s vehicle had shocked the rear part of the Plaintiff vehicle, which stops in three lanes, to avoid the E vehicle in two lanes.

(hereinafter referred to as "second accident"). (c)

After paying KRW 3,030,00 in the name of the repair cost for the damage of the Defendant’s vehicle due to the second accident, the Defendant filed a request for deliberation with the FSC (hereinafter referred to as the “Deliberative Committee”). On August 31, 2015, the FSC decided to pay the Plaintiff KRW 1,212,00 (3,030,000 x 0.4) to the Defendant (hereinafter referred to as the “first decision”).

As to the above decision, the plaintiff and the defendant did not raise any objection, they were confirmed as they were.

In addition to the above vehicle repair cost, the defendant paid 69,100,050 won in total to the winners of the vehicle for the injury caused by the second accident.

From June 16, 2015 to December 30, 2016, the Plaintiff paid the Defendant KRW 27,640,020 equivalent to the above KRW 40% of the amount of KRW 69,100,050 in accordance with the purport of the instant first decision.

E. The Plaintiff filed an application for deliberation against the Defendant to the Deliberation Committee for the return of the said KRW 27,640,020, and the Deliberation Committee on April 3, 2017.

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