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(영문) 서울중앙지방법원 2016.02.18 2015가합563909

부당이득금

Text

1. The Plaintiff:

A. Defendant B shall not exceed 292,609,345 won and 50.2 of them within the scope of the property inherited from the deceased A.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with D pertaining to E vehicles owned by D.

B. On December 18, 201, the deceased A (hereinafter “the deceased”) filed a claim for damages under the instant comprehensive automobile insurance contract concluded between the Plaintiff and D on the ground that he/she suffered serious injury, such as low-carbon brain damage, etc., on the said vehicle driven by D.

C. Accordingly, the Plaintiff guaranteed payment for the deceased’s liability for medical expenses. From that time to January 27, 2015, the Plaintiff paid KRW 557,218,690 in total for the deceased’s medical expenses.

And at the request of the deceased, the sum of KRW 28 million was paid as the provisional payment.

D A. On December 18, 201, when driving the above vehicle, the court rendered a judgment of innocence on the ground that the facts charged that “A was tried by the Daejeon District Court No. 2012Ra1759 on the charge that “A person was negligent in performing his/her duty of care on the front right side of the above vehicle and caused the deceased to suffer serious injury, such as low-carbon brain injury, etc., to the deceased.” The above court rendered a judgment of acquittal on the ground that D had shocked the deceased by the above vehicle, and that the injury suffered by the deceased was not recognized as a cause of a traffic accident. The above judgment became final and conclusive through the appellate court (Seoul District Court 2013No1232).

E. The Deceased died on January 27, 2015, and the inheritor was his child. Defendant B reported the qualified acceptance on June 3, 2015, and Defendant B accepted it on October 12, 2015.

(2015-Madan1306) [Reasons for Recognition]: For Defendant C, the facts that there is no dispute as to Defendant B: Each entry in the evidence Nos. 1 through 10 (including the number of branch offices) and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the deceased did not suffer any injury on the vehicle driven by D, and the plaintiff, as the insurer of D, shall pay the medical expenses of the deceased.