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(영문) 서울중앙지방법원 2015.04.10 2014가단5011027

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Under the Guarantee of Automobile Accident Compensation Act, the Plaintiff is an insurance company entrusted with the government-guaranteed business that compensates for damages to the victim of a traffic accident under an automobile accident without insurance coverage within the scope of insurance coverage of liability insurance.

The defendant is an insurance company for A-Wing A-Wing Motor Vehicle, which is a vehicle involved in the accident of this case.

B. 1) B around 00:10 on August 31, 201, when an intersection accident occurred, around 00:10, the non-registered and non-insurance off-to-face C, and the E Hospital private distance intersection, such as the signal, etc. at D located in Gangseo-gu Seoul Metropolitan Government, was straightened from the e-line to the e-line from the e-line to the e-line of 60km. At the time, F had a conflict between the above intersection and the motor vehicle within the intersection to the e-mail from the direction opposite to the left-hand left-hand one.

The accident C suffered an injury that requires approximately 14 weeks of medical treatment.

On May 7, 2012, the Plaintiff paid a total of KRW 40,847,00 to C, a victim, for the daily income, medical expenses, consolation money, etc.

In the process, the Plaintiff acquired the damage claim from C.

[Based on recognition] Each entry of Gap evidence Nos. 1 through 5 (including the number of pages; hereinafter the same shall apply) and the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. As a result of the prosecutorial investigation conducted by the Plaintiff, a non-prosecution disposition was imposed on the violation of the signals sent by B, and thus, a driver of a passenger car is liable to compensate for damages suffered by C as a joint tortfeasor.

Therefore, the defendant, who is an automobile insurance company, has a duty to claim the full amount of the insurance money paid to the plaintiff as the automobile accident compensation guarantee business operator on the premise of the whole negligence of Oralba.

On the other hand, the plaintiff acquired the right to claim damages from the victim, and the defendant bears the obligation to acquire the money.

(b)transport controls by means of one signal, etc. on board;