부당이득금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is an insurer who has concluded a liability insurance contract for personal motor vehicle between the plaintiff's vehicle C (hereinafter "the plaintiff's vehicle") and the defendant is a person who drives DNA (hereinafter "the defendant's vehicle").
B On November 20, 2013, when driving the Plaintiff’s vehicle and making a left-hand turn to the road designated as a one-way passage in front of Busan Southern-gu, and driving the said one-way traffic road (hereinafter “instant accident”). The Defendant requested the Plaintiff to pay an advance payment in accordance with the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”), and the Plaintiff paid the Plaintiff KRW 6,690,840 in total the medical expenses of the hospital that the Defendant received treatment.
However, the accident of this case occurred due to the defendant's negligence of driving the one-way road, and there was 100% negligence on the defendant. On the other hand, the driver of the plaintiff vehicle B, who is the driver of the plaintiff vehicle, trusted that it is a one-way road when entering the one-way road from the straight direction to the one-way road, confirmed the direction of the other vehicle, and performed the duty of care to turn to the left, and the driver of the vehicle who is left to the one-way road has not been obliged to drive the vehicle in the direction of the one-way road and the reverse direction.
Therefore, there is no fault of the driver of the Plaintiff in the accident of this case, and thus, the Plaintiff is not obligated to pay the insurance money to the Defendant.
Therefore, the defendant should return the hospital medical expenses paid as advance payment to the plaintiff as unjust enrichment.
2. Determination
A. Where a policyholder, etc. has caused the death or injury of another person due to the operation of a motor vehicle, the victim shall be the advance payment for motor vehicle insurance medical fees to the insurance company, etc. as prescribed by Presidential Decree.