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(영문) 서울중앙지방법원 2018.12.19 2018가단2446

부당이득금

Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 2,792,950 and this shall apply.

Reasons

1. Basic facts

A. On November 30, 2016, the Plaintiff entered into a motor vehicle mutual aid agreement with C on the instant taxi.

B. C was driving the instant taxi on the back seat of the Defendant, who is a passenger, and was driving the instant taxi along the border lines located in Bupyeong-si, Seocheon-si, and was driving from the front seat to the front seat of the air-in-house distance.

Around 15:13 on February 10, 2017, the taxi of this case was approaching the New Seoul metropolitan ginseng, but the bus in three lanes was immediately changed into one lane, and C, which was approaching the future, started to stop by manipulating the balk of this case in order to avoid collision.

(hereinafter “instant accident”). C.

The Defendant asserted that, due to the instant accident, the Plaintiff received medical treatment at the hospital due to the injury of the “Woman’s salt and tensions, tensions, chills, peltos, peltos, and other peltos, and the salt and tensions of the part of which is not known, and the brain peltos with no open two locations,” and demanded the Plaintiff to pay mutual-aid money.

On July 18, 2017, the Plaintiff paid the Defendant a mutual-aid amount of KRW 2,193,500, and KRW 599,450 on July 27, 2017, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the part of the instant lawsuit claiming the existence of an obligation is legitimate

A. In the instant lawsuit, the Plaintiff asserted that the Defendant was not injured due to the instant accident and sought confirmation that there was no obligation to pay any money to the Defendant in relation to the instant accident.

Ex officio, we examine whether the part concerning the claim for the confirmation of existence of the above obligation among the lawsuits in this case is legitimate.

B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is only the most effective means to obtain a judgment against the defendant in order to eliminate the risks of the plaintiff's rights or legal status, and there is in danger in the plaintiff's rights or legal status.