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(영문) 서울남부지방법원 2019.02.12 2018가단223164

부당이득금

Text

1. The Defendant’s KRW 10,045,441 as well as the Plaintiff’s annual rate from October 31, 2014 to February 12, 2019.

Reasons

1. Basic facts

A. (1) The occurrence of a traffic accident) C is about 18:35 March 25, 2014, Dsch Rexton vehicle (hereinafter “Plaintiff vehicle”).

) A Gerop vehicle (hereinafter referred to as “Defendant vehicle”) driving on the Gerop vehicle (hereinafter referred to as “Defendant vehicle”) driving the front road of “F” in the city of Kimpo-si and driving on the front road in the city of Kimpo-si with the Olympic seat from Kimpo-si to the seat of Kimpo-si, as the Olympic Games.

3) The front part of the Plaintiff’s vehicle was the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the driver network H of the Defendant vehicle (hereinafter “the deceased”) died after being treated as serious injury.

B. The Plaintiff is the liability insurer of the Plaintiff’s vehicle, and the Defendant is the comprehensive insurer of the Defendant’s vehicle. 2) The instant accident constitutes an occupational accident. On August 22, 2014, the Korea Workers’ Compensation and Welfare Service paid KRW 133,697,560 (i.e., daily income 200,557,660 x I’s inheritance shares x 3/7), funeral expenses 12,341,310.

3) The Defendant calculated the deceased’s excess industrial accident insurance premium of KRW 111,860,460 [the amount of KRW 66,860,460 [the amount of KRW 200,557,660 - KRW 133,697,200] and paid KRW 11,860,000 as the automobile accident insurance premium, and KRW 11,860,460 as the car accident insurance premium, respectively. 4] The Defendant claimed for reimbursement against the Plaintiff, the liability insurer of the Plaintiff’s vehicle, and received KRW 86,965,750 on October 30, 2014.

On July 24, 2014, the Plaintiff paid 389,460 won to J Hospital for the deceased’s medical treatment.

C. The result of the relevant lawsuit 1) The Korea Workers’ Compensation & Welfare Service, against the Plaintiff, who is the insurer of the liability insurance for a harmful vehicle, shall, pursuant to Article 87(1) of the Industrial Accident Compensation Insurance Act, file a lawsuit claiming the payment of the said money on the ground that the Plaintiff, pursuant to Article 87(1) of the Industrial Accident Compensation Insurance Act, he/she subrogatedly acquired the deceased’s property claim of KRW 98,323,484 (=29,421,