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(영문) 서울중앙지방법원 2018.05.11 2017가단5181293

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract as follows, and the Defendant is a corporation established pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) and carries out an industrial accident compensation project entrusted by the Minister of Labor.

B. (1) On November 30, 2010, the Plaintiff concluded an insurance contract with the Korea Rural Community Corporation and the Korea Railroad Corporation on December 31, 201 with the purport that the insured shall compensate for damages caused by the occurrence of an accident on the part of the insured, and entered into an insurance contract with the purport that the insured shall compensate for damages caused by the occurrence of an accident on the part of the Korea Railroad Corporation and the Korea Railroad Corporation on November 30, 201. On November 30, 2011, the Plaintiff shall compensate for damages caused by the insured’s occurrence of an accident on the part of the B Company and the Korea Rural Community Corporation on the part of the insured, and entered into an insurance contract with the purport that the insured shall compensate for damages caused by the occurrence of an accident on the part of the Korea Rural Community Corporation and the Incheon Air (hereinafter “each of the instant insurance contracts”).

(2) The security contents of each of the instant insurance contracts are “personal compensation I, II, and property compensation, etc.” The personal compensation first subscription amount is the amount prescribed by the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”); the personal compensation amount is not limited; the personal compensation subscription amount is a certain amount; the personal compensation subscription amount is a certain amount; the insured paid the insurance premium calculated according to the respective security contents to the Plaintiff.

(3) The insurance clause of each of the instant insurance contracts (hereinafter “each of the instant insurance clauses”) is a business automobile insurance clause, and is subject to two-wheeled automobiles, and all non-business cars other than automobiles with 10 or less statutory passenger capacity. The insurer’s compensation clause of the instant insurance contract is the personal compensation clause.