부당이득금
1. The part of the judgment of the first instance against the Defendants shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
1. On September 17:35, 2016, the network C (hereinafter referred to as “the network”) driven a D-wing truck (hereinafter referred to as “the network”) and driven a road in front of the network in front of the road at the front of the road in front of the road in front of the road in front of the road in front of the village of Dong-dong (hereinafter referred to as “third vehicle”) in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the village of Dong-dong (hereinafter referred to as “the vehicle in front”) conflict with the G dump truck (hereinafter referred to as “Plaintiff”) of the F driver’s G dump truck (hereinafter referred to as “the accident in this case”), and died due to the instant accident (hereinafter referred to as “the accident”).
The deceased’s heir is the defendant A and the deceased’s mother, who is the mother of the deceased, and the plaintiff is the insurer who entered into a comprehensive automobile insurance contract on the plaintiff’s vehicle.
On February 28, 2017, the Plaintiff paid KRW 10,000,000, respectively, to the Defendants, the heir of the Deceased, as the provisional payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings
2. The plaintiff asserts that the accident in this case occurred due to the plaintiff's unilateral negligence, and that each of the 10,000,000,000 won paid to the defendants should be refunded as unjust enrichment. The defendants asserted that the accident in this case occurred concurrently with the plaintiff's driver's negligence. Thus, each of the 10,00,000 won paid by the defendants cannot be the unjust enrichment within the reasonable scope of insurance money.
The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for the damage when he/she has killed or injured another person due to the operation of the automobile," and provides that he/she shall not prevent whether he/she has intention or negligence of the driver.