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(영문) 서울중앙지방법원 2018.11.30 2018나55212

부당이득금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract including a special agreement for limited driving at least 35 years of age with respect to B vehicles (former vehicle number C; hereinafter “Plaintiff vehicle”) from November 1, 2014 to November 1, 2015, and a special agreement for limited driving with one registered insured, etc. with respect to D vehicles (hereinafter “Defendant vehicles”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On August 19, 2015, E, one of the children of the instant accident, is driving the Plaintiff’s vehicle under the influence of alcohol concentration of 0.142% around 02:05 on August 19, 2015, and proceeding two-lane roads in front of G in Jincheon-gun F, Chungcheongnamcheon-gun, Jincheon-gun, by driving the Plaintiff’s vehicle under the influence of alcohol concentration of 0.142% on August 19, 2015.

The defendant vehicle belonging to the Jincheon Police Station did not see that it was stopped to process the report, and the part of the defendant vehicle was shocked in front of the plaintiff vehicle.

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

1) The Defendant paid KRW 20,449,450 to the above medical expenses in accordance with a non-life-free special agreement, and received KRW 80,00 from the Plaintiff, in return for the return of KRW 80,00,00,00,00 from the liability insurance proceeds. The Defendant received KRW 20,449,450,00 from the Plaintiff.

3) Meanwhile, the Defendant filed a lawsuit against E seeking reimbursement for the above medical expenses under the Cheongju District Court Decision 2017Da302749, and on April 8, 2017, “E shall pay to the Defendant the amount calculated at the rate of 15% per annum from March 25, 2017 to the date of full payment.” Accordingly, the Defendant received KRW 10,500,000 from E [the grounds for recognition].