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(영문) 서울중앙지방법원 2015.04.23 2014가단56391

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case progress

A. On November 28, 2010, the Plaintiff A (A driver B) died of the Plaintiff’s purchase of the vehicle that purchased the Plaintiff’s purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the motor vehicle (A driverD).

B. The Defendant paid KRW 500,000 insurance money to D’s bereaved family members according to the special agreement on indemnity against an insured automobile.

The defendant claimed KRW 500 million equivalent to the insurance money to the plaintiff, and the plaintiff paid KRW 450 million to the defendant.

C. The Defendant filed a lawsuit against the Plaintiff seeking additional payment of KRW 50 million (Seoul Central District Court 2012Da351870), and the judgment dismissing the claim on the ground that the Defendant’s total amount of damages of KRW 429,889,122 is less than KRW 450,000 already received from the Plaintiff, became final and conclusive.

At the time of the accident, the plaintiff was treated as having suspended B's driver's license at the time of the accident, and later, it was proved that the driver's license was not suspended at the time of the accident, so the case was proceeded as above.

In this part, the Daegu District Court Decision 201Gadan2683 is the District Court Decision 201Gadan2683.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. The Plaintiff’s claim amount of damages by the bereaved family’s surviving families was KRW 429,889,122, and the Plaintiff paid KRW 450,000 to the Defendant, and the Defendant should return the amount in excess to the Plaintiff as unjust enrichment.

3. Determination

A. The defendant shall acquire the damage claim against the plaintiff by the bereaved family to the extent of the insurance money paid by the bereaved family members.

Therefore, insofar as the amount of KRW 450 million paid by the Plaintiff to the Defendant does not exceed the amount of damage claim of the bereaved family, the unjust enrichment is not established on the ground that the Defendant cannot be deemed to have obtained benefits from the Plaintiff’s property without any legal ground and caused damage

B. However, the total amount of damages of D is 429.