부당이득금
1. As to the Plaintiff KRW 56,045,849 and KRW 26,739,369 among them, the Defendant shall pay to the Plaintiff KRW 56,045,849 from October 5, 2013, and KRW 29,306,480.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C with respect to D vehicles (hereinafter “instant vehicles”).
B. At around 13:00 on April 5, 2009, C, while driving the instant vehicle and entering the F Cemetery parking lot located in E in both weeks, C was shocked by the Defendant who was carrying goods within the parking zone while entering the parking zone for parking in the F Cemetery parking lot located in E.
(hereinafter referred to as “instant accident”). C.
On April 6, 2009, the Defendant was diagnosed by G Hospital (formerly changed: H Hospital) as a light salt base, sacrine base, and received injection and physical therapy from G Hospital until January 26, 2018, and received outpatient treatment in the department of anesthesia pain, etc.
The Plaintiff paid KRW 59,603,331 in total to the Defendant’s medical expenses from April 6, 2009 to January 26, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 5, and 6 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion (1) is based on the plaintiff's assertion that the defendant received minor injuries due to the accident of this case for about nine years and caused the plaintiff to pay a total of 59,603,31 won for medical expenses. The defendant received 57,045,849 won, excluding medical expenses which are recognized as causation with the accident of this case, from the plaintiff without any legal grounds, and suffered damages equivalent to the same amount. Thus, the defendant is obligated to pay the plaintiff with unjust enrichment of KRW 57,045,849 and delay damages.
(2) The fact that the Plaintiff paid KRW 59,603,31 in total to the Defendant’s medical expenses from April 6, 2009 to January 26, 2018 is as seen earlier. According to the result of the commission of the examination of medical records to the L Hospital funeral in Seoul Special Metropolitan City and the result of the supplemental evaluation, M of the appraisal was based on the fact that the Defendant’s injury suffered due to the instant accident, as the light fluoral fluoral and the fluoral fluoral fluoral fluoral fluor.