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(영문) 전주지방법원 2020.10.22 2019나7368

부당이득금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a C contract with the Defendant (hereinafter “instant loss insurance contract”). D companies (hereinafter “D”) are the insurers who have entered into the automobile insurance contract (hereinafter “instant automobile insurance contract”) with E and F vehicles (hereinafter “instant vehicle”).

B. On July 23, 2016, the Defendant: (a) had changed the instant vehicle from the parking lot located in Yasan-gu, Yanju-si, to the rear J and confirmed the rear side from the vehicle; and (b) had been faced with the instant vehicle, and was faced with the instant accident (hereinafter “instant accident”).

C. On October 28, 2016, D calculated the Defendant’s direct non-payment charges of KRW 13,000,000 for the direct non-payment charges that the Defendant is obligated to pay to the hospital, and paid KRW 28,000,000 for the agreed amount in addition to future medical treatment expenses, non-business suspension losses, and consolation money. On the same day, the Defendant directly paid KRW 12,00,000 for the remainder, excluding the discounted portion out of the total amount of the patient’s burden, to the hospital.

On December 27, 2016, the Plaintiff paid KRW 9,420,00 to the Defendant for the expenses for hospitalized treatment at H Hospital, etc., based on the instant loss insurance contract until March 2, 2018, the Plaintiff paid KRW 24,608,52 in total as indicated below, as the insurance money for the instant accident.

The details of the payment date (the period of hospitalization) on December 27, 2016 (the date of payment) shall be 11,530,032, 9,420,00,00 the expenses for hospitalization and medical treatment in the International Hospital (the date of October 29-2016, December 23, 2016), the sum of the expenses for hospitalization and medical treatment in the International Hospital (the date of December 26-2016, the date of December 23, 2017) (the sum of the expenses for hospitalization and medical treatment in the International Hospital on June 20, 2017, the sum of the expenses for hospitalization and medical treatment in the International Hospital (the date of hospitalization and the date of February 23, 2017, the sum of the expenses for medical treatment in the International Hospital on June 20, 2017, 2005, 20505, 208, 205.

E. The terms and conditions of the instant indemnity insurance contract (hereinafter “instant indemnity insurance contract”) pertaining to the instant case are as follows.