부당이득금
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 49,772,90 among them and KRW 13,229,380 among them, the Defendant (Counterclaim Defendant)’s KRW 49,772,90 on March 20, 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance policy with respect to the Craba motor vehicle owned by B and B (hereinafter “instant motor vehicle”).
B. B, around 15:47 on August 28, 2012, driving the instant vehicle, and was in the vicinity of the Songpa-gu Seoul Macheon-ro 2640 Mcheon-distance Intersection (hereinafter “instant Intersection”), and continued to enter the instant Intersection in accordance with the straight line between the two-lanes between the 3-lane and the ebbs of the ebbs in the ebbs of the ebbs from the ebs of the ebs.g., the green signal in the front direction.
On the other hand, the defendant, at that time, driven a bicycle (which is leading to the electrical mother; hereinafter "the bicycle of this case") near the intersection of this case, led to the point where a red signal was occupied by the front side, and continued to enter the intersection of this case in violation of the signal two-lanes in accordance with the two-lane distance from the Macheon Riverside, the right direction of the driving of the motor vehicle of this case, to the left side, from the Macheon Riverside, the right direction of the driving of the motor vehicle of this case.
C. Accordingly, the Defendant was involved in the accident of shocking the right side part of the instant bicycle with the front wheels part of the instant bicycle (hereinafter “the instant accident”), and the Defendant was receiving medical treatment at the Gangseo-dong Hospital due to the injury of the blood cerebral cerebral brain, etc. from the instant accident.
On the other hand, the instant automobile was repaired by the shocking part of the instant accident, and thus, the instant automobile was repaired in D Motor Vehicle Industrial Complex, etc.
On August 29, 2012, the Plaintiff paid 411,890 won (394,000 won to D Automobile Industrial Complex, and 17,890 won to E) to the instant automobile repair business entity as repair cost.
E. The Plaintiff paid KRW 49,361,100, in total, KRW 36,131,720, around November 23, 2012, and KRW 13,229,380, around February 28, 2013, to the Defendant’s hospital for the same-sex heart. The Plaintiff paid KRW 17,730, around November 23, 2012, to the F of the Medical Treatment Review Committee under the name of the examination fee for the medical expenses. < Amended by Presidential Decree No. 24425, Feb. 28, 2013>