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(영문) 서울중앙지방법원 2015.11.27 2015나24736

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to B-wheeled Motor Vehicle (hereinafter “Plaintiff”) and the Defendant is the driver of C-si (hereinafter “Defendant”).

B. At around 00:50 on June 6, 2014, D driving the Plaintiff’s two-wheeled vehicle, and the front wheel part of the front wheel part of the Defendant’s front wheeler and front wheeler part of the front wheeler, as Plaintiff’s two-wheeled vehicle was driven by the front wheeler and the front wheeler part of the Defendant’s front wheeler in order to turn back to the right side of the running direction, while the front wheeler was trying to run continuously, despite being red.

(hereinafter referred to as the “instant accident”). C.

After the accident of this case, the Defendant complained of two copies, etc., and received treatment from the Egyptian.

By July 25, 2014, the Plaintiff paid to the Defendant KRW 550,00 as agreed money, and KRW 186,680 as agreed money, and KRW 736,680 as agreed fee, and KRW 736,680 as agreed fee.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) As seen earlier, the substance of the Plaintiff’s primary claim is either selective claims, or the order sought by the Plaintiff. A claim for restitution of unjust enrichment is asserted to the effect that the Defendant suffered bodily injury even though he did not suffer bodily injury due to the instant accident, and the Plaintiff received insurance money totaling KRW 736,680 from the Plaintiff and incurred a loss equivalent to the same amount, and thus, the said insurance money is obligated to return the said amount as unjust enrichment. (2) On June 9, 2014, the Defendant agreed to return the medical expenses received from the Plaintiff in the event that it is determined by the National Scientific Research and Research Institute of Korea that the injury was not incurred due to the instant accident.