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(영문) 인천지방법원 2018.10.19 2016가단228351

부당이득금

Text

1. The Defendant’s KRW 57,165,830 as well as the Plaintiff’s annual rate of 5% from November 22, 2016 to December 3, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, who entered into an automobile insurance contract with Nonparty C (hereinafter “Plaintiff”), is an insurer who entered into an automobile insurance contract with Nonparty C, and the Defendant is the driver of the automobile E (hereinafter “Defendant”).

B. On May 27, 2015, at around 10:10 on May 27, 2015, C in the event of a traffic accident, driving the Plaintiff’s vehicle, resulting in an accident that sees the back of the Defendant’s vehicle stopped after changing course on the old-gu Dong-gu Incheon Metropolitan City (hereinafter “instant accident”).

In the instant accident, KRW 348,900 occurred at the repair cost of the Defendant vehicle.

C. (1) On August 30, 2015, the Defendant was diagnosed by two types of Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma

3) On June 10, 2016, the Defendant was diagnosed at H Hospital as the 3-4, 4-5 light signboard escape certificate, around the 5-6-7 light fixed condition, salt pansium and tension with the bones of wood. 4) On August 18, 2016, the Defendant was diagnosed at the G Hospital as the assistant principal of the G Hospital’s eropologic eropologic typhism, the multiple eropologic typosis, and received an injection of the transplant-type transplant-type medication.

From July 7, 2015 to November 21, 2016, the Plaintiff paid a total of KRW 59,670,350 to the Defendant as C insurer.

[Defendant asserted the insurance amount paid by the Plaintiff, but according to the evidence No. 9, the Plaintiff paid a total of KRW 61,395,990 in relation to the instant accident. Of these, it can be acknowledged that the Plaintiff’s medical advisory fees (excluding withholding tax, litigation costs, general expenses, etc. total of KRW 1,725,640, and hospital treatment costs, excluding withholding, general expenses, etc.) are total of KRW 59,670,350.

In addition, the defendant is the plaintiff.