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(영문) 대구지방법원 2017.12.14 2016가단112133

부당이득금

Text

1. The Plaintiff, Defendant A, Defendant A, and Defendant B, Defendant B, KRW 14,326,890, and their respective money from August 25, 2016 to August 25, 2017.

Reasons

1. Facts of recognition;

A. The defendant A is a person who has driven a C-wheeled Vehicle.

B. At around 10:20 on October 8, 2015, Defendant A: (a) boarded Defendant B on the rear seat of the said two-wheeled vehicle; and (b) operated the said two-way lane in the Educdong in the Educ-dong in the Educ-si in the Educ-dong in the Educ-si.

At the same time, signal lights were installed, and the vehicle signal in the direction of the driving of the two-wheeled vehicle was suspended.

However, Defendant A, while proceeding as it is, was permanently stationed in the said public interest intersection, received the part on the side of the right side of the said public interest vehicle of the E-Motor Vehicle E-Motor Vehicle (hereinafter “Plaintiff A”) in front of the left side of the vehicle driving, which was under direct control according to the vehicle progress signal, from the front side of the said public interest intersection.

(hereinafter referred to as the "accident in this case"). In the accident in this case, the defendant A suffered injuries, such as guard flaverization, etc., and the defendant B suffered injuries, such as duplicating duplic of cuplic, etc.

C. Defendant A did not subscribe to mandatory insurance with respect to the foregoing two-wheeled vehicle.

The Plaintiff paid KRW 32,453,160 for Defendant A’s hospital treatment costs and KRW 14,326,890 for Defendant B’s hospital treatment costs with respect to the foregoing accident as an insurance company of D.

In addition, 2,944,070 won was paid at the repair cost of the Plaintiff vehicle.

[Ground] Facts without dispute, entry and video (including paper numbers) of evidence A1 to 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s instant accident entirely occurred due to the Defendant’s negligence in violation of the signalling of the two-wheeled Vehicle, and thus, the Plaintiff does not bear any liability for damages. As such, hospital treatment expenses and vehicle repair expenses already paid by the Plaintiff should be refunded in unjust enrichment.

B. The Plaintiff’s vehicle is also negligent in not examining the right and the right before departure through the intersection, so even if Defendant’s negligence is not small, the Plaintiff cannot be exempted from liability.

The plaintiff is not exempted from liability and the defendant's side separately files a lawsuit against the plaintiff.