부당이득금
1. The Plaintiff (Counterclaim Defendant), and the Defendant (Counterclaim Plaintiff) A are KRW 2,856,60, and the Defendant (Counterclaim Plaintiff) B, C, D, and E respectively.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to FTP car owned by the Cheongsan Environmental Ecology Institute Co., Ltd. (hereinafter “Plaintiff”)
B. The deceased G (hereinafter “the deceased”) is a person who has operated the H Twit-Ba (hereinafter “Defendant Oba”).
C. On November 16, 2017, the Plaintiff’s vehicle was proceeding one lane at a point of 500 meters prior to J, 14:15, J, which was located in C, at C, at the same time, from the beginning of the erogate of the same erode, to the village of the same erode.g., the Plaintiff’s vehicle was proceeding behind the Plaintiff’s vehicle. However, as the Plaintiff’s vehicle was proceeding behind the Plaintiff’s vehicle, the Defendant’s vehicle was proceeding at the right side of the running direction to stop on the right side of the Plaintiff’s vehicle while at the speed, and the Defendant’s vehicle was proceeding to the right side of the Plaintiff’s vehicle to pass ahead of the Plaintiff’s vehicle, and shocked the front part of the Plaintiff’s vehicle to the left side of the Defendant’s vehicle and its side.
(hereinafter “instant accident”). D.
The Deceased died on December 12, 2017, when receiving treatment due to the instant accident, due to injury, such as breathing, etc., and the Deceased inherited the Deceased, Defendant B, C, D, and E, who is the spouse of the Deceased.
E. From December 5, 2017 to January 23, 2018, the Plaintiff paid KRW 13,092,750 to the Deceased and the Defendants with medical expenses, etc.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 through 5, Eul evidence Nos. 1 (including satisfy number; hereinafter the same shall apply), and the summary of the argument of the parties to the whole pleadings, the plaintiff's accident of this case was wholly caused by negligence of defendant Oba.
Although the deceased and the Defendants did not have the duty to pay the insurance money, they are obligated to return the insurance money to the Plaintiff as unjust enrichment.
Therefore, the obligation to return unjust enrichment to the Plaintiff is fulfilled, and the Defendant A shall be 3,570,750 won (=13,092,750 won ¡¿ 3/11), Defendant B, C, D, and E, respectively.