부당이득금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) such as the attached Form, with respect to C New Airport Heading Vehicles (hereinafter “instant vehicle”).
B. On October 21, 2013, at around 06:20, the Defendant (hereinafter “instant accident”) who was walking on the right side of the roadway at the end of the roadway while driving the instant vehicle by driving the instant vehicle and driving the front roadway D in the direction of community credit cooperatives at the central elementary school, was voluntarily used, and the rear wheels of the instant vehicle served against the Defendant (hereinafter “instant accident”).
C. By March 10, 2014, the Plaintiff paid a total of KRW 15,545,470 to the medical institution and the Gangnam Hospital, which received treatment by the Defendant for the instant accident.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1 and 6 (including each number, if any), and the purpose of the whole pleadings as a result of the verification of CCTV video at the time of the party's accident (Evidence No. 8)
2. Summary of the parties' arguments
A. The gist of the Plaintiff’s assertion is that the Defendant, who was walking the instant vehicle on the vehicular road, did not have any negligence on the part of the Defendant, and that the Plaintiff claimed the return of the insurance money paid to the Defendant to the hospital that treated the Defendant in accordance with the insurance contract of this case.
B. As to the summary of the Defendant’s assertion, the Defendant asserted that, while discovering the Defendant who was walking on the front door of the front line, the Defendant continued to stop, reduce the speed, or take other necessary safety measures, and had the Defendant use the instant vehicle by shocking the Defendant. On the other hand, the Defendant sought to dismiss the Plaintiff’s claim on the principal lawsuit. On the other hand, the Defendant’s claim against the Plaintiff as a counterclaim, the medical expenses and nursing expenses unpaid to the Plaintiff.