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(영문) 서울중앙지방법원 2021.03.31 2020나16616
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant”).

B. On May 18, 2019, when the driver of the Defendant’s vehicle driven along a one-lane crossing in the southyang-si, the Namyang-si, the Namyang-si, the Namyang-si, along the one-lane, led to an accident that shoots the left side of the Plaintiff’s vehicle on the right side of the Defendant’s vehicle while he tried to overtake the Plaintiff’s vehicle driving along the two-lane crossing above the Defendant’s vehicle, and tried to change its course.

(c)

The defendant's vehicle suffered damages that amounting to KRW 7,500,000 due to the accident in this case.

(d)

Around August 16, 2019, the Defendant filed a petition with the Plaintiff for deliberation on the compensation claim against the Plaintiff for the damage incurred by the Defendant’s vehicle due to the instant accident (hereinafter “division”). Around August 16, 2019, the instant accident occurred in the course of seeking a change of course by overtaking the Plaintiff’s vehicle prior to the Defendant’s vehicle, and the Plaintiff’s vehicle was unable to anticipate or avoid the instant accident, and thus, the Plaintiff and the Plaintiff’s vehicle were subject to deliberation and resolution (hereinafter “decision 1”). As to the instant accident, the deliberation and resolution set forth in 0:10 on the compensation claim ratio of the Plaintiff’s vehicle and the Defendant’s vehicle.

In this regard, the defendant did not attempt to change the course of the defendant vehicle, and rather, the accident of this case occurred because the plaintiff vehicle contacted the defendant vehicle to the left side of the plaintiff vehicle in the course of entering the direction of 3-clock at the intersection of the case.

On October 24, 2019, the defendant's vehicle is passing the plaintiff's vehicle prior to the defendant's vehicle in order to enter the direction of 3 hours at the intersection of the instant case.

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