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(영문) 수원지방법원 2016.12.01 2016가단531054

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 26,524,760 and the interest rate of KRW 15% per annum from August 30, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the happy Transport Co., Ltd. and B-owned vehicles (hereinafter “Plaintiff vehicles”) with the insurance period from May 23, 2014 to May 4, 2015.

B. The roads passing ahead of the bus stops of 502 Sinpo-si, Sinpo-si, are three lanes, and one lane is added to the bus stops for bus stops.

On March 27, 2015, in addition to the first lane of 16:00, there are people, and the driver of the Plaintiff vehicle stops the vehicle on the third lane other than the added one lane, and thereafter, the driver of the Plaintiff vehicle stops the vehicle on the third lane, and confirmed all passengers' getting and getting off the bus, and closed the bus entrance.

On the other hand, the defendant went beyond his own towards the plaintiff's vehicle. Accordingly, there was an accident that the latter wheels of the plaintiff's vehicle faces with the defendant's left arms (hereinafter "the accident of this case").

(1) Where an insured, etc. has caused the death or injury of another person due to the operation of a motor vehicle, the injured party may request the insurer, etc. to pay the full amount of motor vehicle insurance medical fees, as prescribed by Presidential Decree, and the amount prescribed by Presidential Decree for the other insurance money, etc. as advance payment to pay the insurance money, etc. under Article 10.

(2) Upon receipt of a request made under paragraph (1), an insurer, etc. shall make advance payment within the period prescribed by Ordinance of the Ministry of Land,

(3) Where the advance payment made under paragraph (2) exceeds the insurance money, etc., the insurer, etc. shall have the person who has received such advance payment.