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(영문) 서울중앙지방법원 2015.04.09 2014가단4703

부당이득금 반환

Text

1. The Plaintiff:

A. Defendant A’s KRW 1,155,700 as well as 5% per annum from October 22, 2010 to January 21, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has entered into an automobile insurance contract with Defendant A with the Special Agreement on Automobile Accident Insurance (hereinafter “instant Special Agreement”).

The content of the insurance agreement of this case is to pay consolation money, loss profit amount, etc. within the limit of the purchase amount of insurance in accordance with the criteria for personal compensation if the insured has died or has suffered a disability due to the "accident of an automobile insured".

B. At around 03:20 on August 28, 2010, Defendant A, while driving and staying at the D road at the time of living, shocked the utility pole installed on the right side side side of the vehicle into the left side of the vehicle.

(hereinafter referred to as “instant accident”). C.

Defendant A, immediately after the instant accident, transferred to a permanent mother hospital operated by the Masan Medical Foundation (hereinafter referred to as “Defendant medical corporation”), and received medical treatment by undergoing a diagnosis of the left-hand paralysis by brain color, and was hospitalized in the E hospital operated by Defendant B on September 7, 2010, and received specialized rehabilitation treatment.

Based on Defendant A’s claim, the Plaintiff paid Defendant A KRW 25,128,40,00, totaling KRW 800,000 on October 5, 201, and KRW 1,155,700 on October 21, 2010, and KRW 1,155,700 on medical expenses to Defendant medical corporations, as medical expenses, and KRW 25,128,40 on eight occasions from October 18, 201 to April 27, 201.

E. Defendant A filed a lawsuit against the Plaintiff on October 201 against the Plaintiff for insurance claim claiming for reimbursement of lost loss, consolation money, etc. based on the insurance agreement of this case by the Jung-gu District Court Decision 201Kadan55382, but the said court on November 12, 2013, it is reasonable to deem that the symptoms of Defendant A were not caused by the accident of this case, but due to the re-refluence immediately before the accident of this case. Thus, Defendant A’s symptoms of the said Malibs are stipulated in the insurance agreement of this case of this case by the Plaintiff.