부당이득금반환
1. The Defendant’s KRW 46,576,660 as well as the Plaintiff’s annual rate from December 20, 2013 to January 23, 2015, and the following.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract including non-insurance injury with respect to vehicles owned by B and B, and the Defendant is the children of B.
On the other hand, the Plaintiff is also an insurer entrusted by the Minister of Land, Transport and Maritime Affairs with the authority to compensate for damages to the victim within the scope of the liability insurance amount in the case of personnel accidents caused by the operation of an automobile not covered by the liability insurance under Article 30 (1) of the Guarantee of Automobile Accident Compensation Act.
B. Nonparty D is the owner and driver of E Carren vehicle.
C. On July 25, 201, at around 19:00, the Defendant driven a FOba (hereinafter “Defendant Oba”) and obstructed the central line in order to overtake a person who stops 4 to 5 prices of a vehicle on the front side of Gangseo-gu, while driving the first line from the front side of Gangseo-gu, at the speed of the 105-6 crossing, while driving the first line from the front side of Gangseo-gu, and driving it down at the vicinity of the 105-6 intersection of the Gangseo-gu, Gangseo-gu, Seoul, to turn to the right at the left at the same edge of the said vehicle.
(hereinafter “instant traffic accident”). D.
At the time of the instant traffic accident, the car rental vehicle was not covered by the automobile insurance (liability insurance).
E. The Plaintiff determined that the instant traffic accident constituted a combination of the Defendant’s negligence (60%) and D’s negligence (40%).
The Plaintiff paid 18,576,660 won to the Defendant for medical expenses within the limit of liability insurance premium, and 28,000,000 won for lost profit and consolation money under the "general terms and conditions of injury by non-life insurance" of the aforementioned comprehensive motor vehicle insurance subscribed by B for the remaining damages (total amount of KRW 46,576,660).
F. Thereafter, the Plaintiff’s claim against D as the Seoul Central District Court 2012Da332060.