부당이득금
1. All appeals filed by the defendant (appointed party) and the appointed party B are dismissed;
2. The costs of appeal are assessed against the Defendant (Appointed Party).
Facts of recognition
The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter referred to as the “instant insurance contract”) with respect to C vehicles owned by the Appointor (hereinafter referred to as “Plaintiffs”).
The insurance contract of this case includes a special contract under which the insured is at least 48 years of age except for the non-registered insured B (family limited driving special contract), and where the insured is an insurer due to an accident during a drunk driving or non-licensed driving, the insured includes a clause under which the insured shall bear the personal compensation I per accident, 300,000 won for the second, and one million won for the substitute compensation (self-charges clause).
The Defendant, as his family member, was 48 years of age or older at the time of the instant accident, and the outline of the instant accident is as follows.
On September 24, 2016, the date and time of the accident: On September 18: 24, 2016: A road accident outline near the 100-meter intersection in the west of the west of Kim Jong-si: The defendant, while driving the plaintiff's vehicle without the driver's license and driving the above road, which is the second line of the vehicle, in the direction of the west of the city, in the direction of the west of the west of the two lanes, was in conflict with the DNA vehicle (hereinafter referred to as "victim's vehicle") in the course of changing the course to the first lane of the vehicle in the same direction.
By November 29, 2016, the Plaintiff paid the insurance proceeds of KRW 1,200,000 with respect to the personal damage of the driver E of the damaged vehicle, and KRW 812,200 with respect to the property damage.
[Ground of recognition] 1 through 5, 1 and 4, responsibility for the payment of self-charges to determine the purport of the entire pleadings, and Article 29(1) of the Guarantee of Automobile Accident Compensation Act, and Article 10 of the Enforcement Rule of the same Act, the case where an insurance company pays insurance money to the victim due to the death or injury of another person or the damage of another person due to a drunk driving or without a license.