부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from March 6, 2017 to May 10, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 18, 2009, the Defendant entered into a criminal agreement with the Plaintiff on March 18, 2009 (hereinafter “instant insurance contract”) with non-distribution M-Dr driver insurance (hereinafter “instant insurance contract”) containing a special agreement on the criminal agreement for business drivers (the payment of KRW 10 million per victim if a third party dies due to an automobile accident during the operation of a motor vehicle for business use, the ten-year maturity for the ten-year maturity), and ② through an insurance solicitor B affiliated with the Plaintiff, on January 8, 2013, through an insurance solicitor B, the Defendant entered into a non-distribution M-Dr driver insurance (hereinafter “instant insurance contract”).
B. However, while the Defendant driving a bus, which is an automobile for business on January 25, 2014, around 22:10, the occurrence of a traffic accident caused the death of the victims by shocking C and D, which was crossinged 67-ro 67-gil 23, Guro-gu, Seoul, on the road front of 12-ro 23,00,000,000 won for each criminal agreement by the victims’ bereaved family members around June 2014.
C. Meanwhile, on the other hand, the Plaintiff’s provisional payment of criminal agreement to the Defendant amounting to KRW 30 million on February 25, 2014, and the same year.
3. A total of KRW 45 million, including KRW 15 million, was paid.
[Ground of recognition] Facts without dispute, Gap 1 through 7, 9, 15, 16, and the purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion 1 is the cause of the principal claim. The defendant, while purchasing the insurance of this case 1204, deleted the criminal agreement of the insurance of this case 0810 and subscribed to the special agreement of the traffic accident settlement subsidy of the insurance of this case 1204. Accordingly, the insurance amount to be paid to the defendant is merely KRW 10 million paid as the actual criminal agreement amount, and the defendant was paid KRW 45 million in excess of the amount. Thus, the defendant was paid to the plaintiff.