보험금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is an insurance company that runs non-life insurance business, such as automobile insurance, and is an insurer that has entered into a comprehensive automobile insurance contract including personal body accident insurance with respect to the Defendant limited liability company (hereinafter referred to as “Defendant Hanyang Power”), and B vehicles owned by it (hereinafter referred to as the “instant vehicles”).
B. On October 28, 2014, Defendant A, who is an employee of Defendant Hanyang Power, suffered injury, such as “the 3th degree of knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.
C. Article 12(1) of the Plaintiff’s automobile insurance clause provides that “accident caused by the operation of an insured motor vehicle” shall compensate for damages arising therefrom.
After Defendant Hanyang Electric Power paid KRW 15,000,000 for the medical expenses of Defendant A, the Plaintiff claimed for the insurance proceeds of self-physical accident insurance. Accordingly, on May 9, 2015, the Plaintiff paid KRW 15,000,000, a total amount of insurance proceeds of self-physical accident to Defendant Hanyang Electric Power.
Defendant A filed a claim for disability insurance benefit by asserting that the instant accident has a disability in both sides, such as the impairment of the function of water control, the limitation of water control, and the cutting of the 1st balance of the right, etc., and the Plaintiff paid KRW 50,000,000 to Defendant A on April 19, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1 through 6, 11 evidence, witness E's testimony, the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion does not constitute “accident during operation,” and the Defendants received insurance proceeds without any legal ground.
Therefore, the defendants are obligated to return the insurance money received.
B. Each of the above evidence and the result of the on-site inspection by this court, the purport of the whole pleadings.