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(영문) 서울중앙지방법원 2021.02.17 2019가단33829

부당이득금반환및채무부존재확인청구의 소

Text

1. Plaintiff, Defendant C’s KRW 2,312,962, Defendant D, and E respectively, and each of them from March 20, 2020 to March 20, 2021.

Reasons

1. The facts following the facts do not conflict between the parties, or are recognized by comprehensively taking account of the respective descriptions and changes in Gap evidence Nos. 1, 6, and 9.

A. On December 8, 2018, around 13:50, Nonparty F driven a H-si (hereinafter “Plaintiff”) in front of Gwangju-si, Gwangju-si, and faced the front part of the Defendant D Driving I (hereinafter “Defendant D Driving”) that is proceeding in the front of the Plaintiff’s vehicle (hereinafter “instant accident”). B. At the time of the instant accident, the GJ (Death on May 16, 2019; hereinafter “the Deceased”) boarded the front part of the Defendant’s vehicle.

(c)

The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to the Plaintiff’s vehicle, and paid KRW 6,027,500 (=630,590 won incurred until December 24, 2018) during the period from February 27, 2019 to April 25, 2019 as KRW 6,027,500 for the deceased’s medical expenses (=5,396,910 won incurred after December 27, 2018).

(d)

As the husband of the deceased, Defendant C jointly succeeded to the deceased’s 3/7 shares, Defendant D and E as their children.

2. The plaintiff alleged that the deceased's medical expenses paid by the deceased were not related to the person involved in the accident of this case, and thus, the deceased did not gain unjust profit from the amount of the above medical expenses. Accordingly, the defendants, who are the co-inheritors, should return the expenses to the plaintiff according to their shares.

3. The judgment of the court below is based on the following circumstances: evidence Nos. 2, evidence Nos. 3-1, 2, evidence Nos. 10, 11, evidence Nos. 10, 11, evidence Nos. 16-1, 2, and evidence Nos. 17-1, 17-5, and evidence Nos. 17-1, 17, and the whole pleadings and arguments of the accident of this case; medical expenses paid by the plaintiff are accompanied by thirthum urology, high blood pressure, heromatic pressure, throdism disease, throdism disease, disease, urine, bladrosis, pulmonary difficulty, pulmonary burine, tension, chrodial tension, chrodial tension, chrodism, chrodism, and chrodism, and gymosis, gymosis after the bursen.