부당이득금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a party’s status 1) The Plaintiff is a driver’s siren B (hereinafter “Plaintiff’s vehicle”) who caused the secondary accident as described in the following B.
2) The Defendant is the insurer of the automobile insurance with respect to Dhived vehicles of C Driving, which caused the primary accident, as described in the following sub-paragraph (b) (hereinafter “Defendant vehicle”).
B. (1) On November 16, 2015, C is a victim E (hereinafter referred to as “victim”) who, without permission, driven the Defendant’s vehicle and passed one-lanes on the market intersection in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, into the left side on the right side of the front bank, and crosses the road without permission.
(1) The Defendant’s vehicle shocked into the left-hand side of the Defendant’s vehicle and caused the victim to fall off by two lanes opposite to the three-lanes (hereinafter “the first accident”).
2) A driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on an upshore side from the upshore side to the two-lane opposite to the said market intersection. A, while driving the two-lane opposite to the said market intersection, the victim, who was suffering from the first accident, was placed away from the said two-lane.
(hereinafter referred to as “second accident”). (c)
In the first and second accidents, the victim died at the F Hospital around 03:10 on February 3, 2016 (the total sum of the accidents that caused the death of the victim due to the first and second accidents, and the “instant accident”.
(2) The Defendant spent 137,683,820 won in total to the victim with medical expenses, agreed money, etc.
(hereinafter referred to as “instant damages”). D.
1) The Plaintiff and the Defendant asserted the liability ratio of the Plaintiff’s driver and refused to pay the amount of indemnity. The Defendant refused to pay the amount of indemnity. In accordance with the “Mutual Agreement on the Deliberation on the Settlement of Motor Vehicle Insurance Claims” among the insurance companies, the Deliberation Committee on the Settlement of Motor Vehicle Insurance Claims (hereinafter “Section
In addition, 68,791,910 won, which is 50% of the damages of this case, shall be paid to the plaintiff as the other party.