부당이득금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under each of the following subparagraphs shall be revoked.
1. Basic facts
A. On June 3, 201, at around 10:27, the occurrence of a traffic accident (1) network C (hereinafter “the network”) driven a bicycle according to the way to stop a bend and down by a bicycle club member, such as D, which is a just from Daejeon to a just from Daejeon, along with a just from Daejeon to the just of the road.
(2) From the same perspective E driving a FJa car (hereinafter referred to as “Plaintiff”) to proceed with the said road on the front side of the air-line. However, the Deceased’s bicycle, who was going on the opposite side, was used in the direction of his own way along the direction of his driving line, and was sprinked with the Deceased and its bicycle at the front line and bottom of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). At the time of the instant accident, the final location of the Plaintiff’s vehicle at the time of the instant accident is as shown in the attached Form.
(3) In the instant accident, the Deceased was hospitalized in the G University Hospital from the time when he suffered an injury, such as an external wound surgery, to August 7, 2012, until he/she died.
B. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with E with respect to the Plaintiff’s vehicle, and the Plaintiff paid KRW 282,158,730 in total with the repair cost of the Plaintiff’s vehicle, and KRW 1,460,730 in total, as the medical expenses and insurance premium review fees for the period of hospitalization at the District University Hospital of the Deceased.
(2) The Defendants jointly inherited the Deceased as his parent.
[Ground of Recognition] Unsatisfy, Gap evidence Nos. 6, 7, 8, 10, 11 (including a Serial number), Eul evidence Nos. 1(=3-5) and 5, and images of Gap evidence No. 6, 7, 8, 10, 11
2. The assertion and judgment
A. The plaintiff asserted that the accident of this case occurred due to the unilateral negligence of the deceased, such as the central bed, but the plaintiff paid a total of KRW 282,158,730, such as medical expenses of the deceased. This is because the defendants who jointly inherited the deceased, were unjust.