부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
1. Basic facts
A. On July 29, 2005, the Defendant concluded an insurance contract between the Plaintiff and the Defendant, from July 29, 2005 to July 29, 2015, with the insurance coverage amounting to KRW 30 million, insurance premium amounting to KRW 9700,000 per month (hereinafter “instant insurance contract”).
B. On June 12, 2009, the Defendant driving the Ortoba and caused an accident that shocks the front left side of the private taxi at the private-distance intersection in which the front signal, etc. of the Gosi-gu B is operated (hereinafter “the first accident”), and suffered injury, such as the right-side alley, etc., due to the said accident.
On June 12, 2009, the Defendant: (a) immediately after the above accident, was transferred to the Ariju Hospital located in Geung-gu E Hospital after simple emergency treatment; and (b) on June 12, 2009, the first-aid vehicle for transporting the Defendant caused an accident of collision with the cargo loaded with the central line in the G oil station located in Young-gu, Suwon-gu, Suwon-si, by negligence, near the G oil station located in G oil station in Young-gu.
(hereinafter referred to as “the second accident”). (c)
In the first and second accidents, the Defendant was hospitalized in the Ariju Hospital, Gansan Hospital, H Hospital, Sejong General Hospital, and I Hospital in sequence for the purpose of treating the injury by suffering from injury, such as the right alley, etc. during the pertinent hospitalization period. In addition to the treatment due to traffic accidents, the Defendant was also hospitalized in the Ariju Hospital, Gansan Hospital, Hary Hospital, Panan General Hospital, and I Hospital. In addition to the treatment due to traffic accidents, the Defendant was also hospitalized in the course of the pertinent hospitalization period.
On December 17, 2009, the Plaintiff paid KRW 4,000,000 to the Defendant based on the instant insurance contract.
E. The Defendant filed a lawsuit against the Plaintiff seeking reimbursement of hospitalization medical expenses for the treatment of injury caused by the first and second accidents, hospitalization medical expenses for the treatment of diseases, and insurance proceeds for the treatment of injury, etc. against the Plaintiff. The said court dismissed all the Defendant’s claim on January 25, 2013.