부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On March 5, 2014, C driving a Gmer truck of 5 tons owned by F Co., Ltd. (hereinafter “instant vehicle”) within the “E” located in the wife population D, as of March 5, 2014. On the other hand, C did not discover the Defendant, who was walking behind the instant vehicle, and shocked the Defendant on the right side of the instant vehicle, and caused an accident of driving the instant vehicle at a volume of 10 meters with the rear wheels of the instant vehicle.
(hereinafter “instant accident”). (b)
Plaintiff
A Co., Ltd. (hereinafter “Plaintiff Insurance Company”) provides for the instant vehicle; the insurance period from May 23, 2013 to May 23, 2014; and the subscription amount from May 23, 2014 to May 24:00; and the Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Guarantee Act”) provides for personal compensation I.
) The amount under the Automobile Insurance Contract (hereinafter “instant Insurance Contract”) and personal compensation II are the insurer which has entered into an automobile insurance contract (hereinafter “instant Insurance Contract”) with a limit of driving at least 26 years old for a driver as a matter of a special agreement.
C. The Defendant sustained injury and disability equivalent to Grade 1 and Grade 6 of the attached Table 2 of the Enforcement Decree of the Self-Support Act due to the instant accident, and the attached Table 2 of the Enforcement Decree of the Self-Support Act set the maximum amount of liability insurance money for the above disability supply as KRW 50,00,000. The Plaintiff insurance company paid KRW 40,000,000 of disability insurance money on May 19, 2015, and KRW 10,000,000 of disability insurance money on February 3, 2016, respectively, according to the Large Compensation I under the instant insurance contract.
On September 15, 2015, the Korea Workers' Compensation and Welfare Service decided to pay a disability compensation annuity on or around October 7, 2015 upon receiving a claim for disability benefit from the Defendant, and paid the disability compensation annuity to the Defendant from around that time, and thereafter, the Seoul Central District Court Decision 2017Da504899 against the Plaintiff insurance company as the Seoul Central District Court Decision 201Da504899, May 19, 2015.