부당이득금반환
1. The judgment of the first instance is modified upon the claim that was reduced by this court as follows.
The defendant shall make the plaintiff 3,00.
Basic Facts
The Plaintiff is an insurance company that has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to C vehicles owned by the Defendant (hereinafter “Defendant vehicles”) including collateral agreements on personal compensation I, II, self-physical accidents, accident without insurance, accident without insurance, etc.
(A) At around 10:15 on June 28, 201, D, driving a E vehicle not covered by the liability insurance (hereinafter “non-insurance vehicle”), and driving a road located in G Hospital F in the area of the wife population at the KH high school (hereinafter “instant road”) into the air protection area in the GH high school located in the GH city at the permissible time, and driving the vehicle into the air protection area in the port of GH high school, which is located in the area of the G Hospital, after moving back from the after door of the above G Hospital to the air protection area of the city at port, there was an accident that conflicts between the upper part of the left part of the Defendant vehicle entering the instant road and the lower part of the right side of the non-insurance vehicle (hereinafter “instant accident”). Accordingly, the Defendant and I (the Defendant’s children), who was on board the Defendant’s vehicle, suffered injury.
(A) No. 4). Until April 17, 2013, the Plaintiff paid the Defendant the instant insurance contract’s totaling KRW 8,136,360,360 (hereinafter “the instant insurance contract”) to the Defendant, based on the premise that the instant accident was an accident caused by the negligence of the driver D of the non-insurance vehicle (hereinafter “the instant insurance contract”).
(A) On November 6, 2014, the Plaintiff filed a lawsuit against D as to the claim for reimbursement of the instant insurance money with the Seoul Central District Court (No. 2014 Ghana41356, hereinafter “instant civil judgment”). However, on November 6, 2014, the Plaintiff received a judgment against the Plaintiff from the said court (hereinafter “instant civil judgment”).
Therefore, although the plaintiff appealed, the Seoul Central District Court decided September 23, 2015, the accident of this case is sufficient for the driver of the defendant vehicle in this case.