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(영문) 서울중앙지방법원 2017.11.03 2015가단5197119

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive insurance contract for business cars with respect to B and C vehicles (hereinafter “Plaintiff vehicles”) around June 1, 2012 as the insurance period from June 1, 2012 to June 1, 2013.

The defendant is the driver of the DNA vehicle (hereinafter referred to as the "Defendant vehicle").

B. Around 13:55 on February 10, 2013, the Plaintiff’s vehicle driven by the instant accident, which had been driven by the Plaintiff, was dissept away from snow and ice while driving a road near the IC department of the Geumdong-dong, Sungnam-si, Sungnam-si, and entered the Gohap road located on the right side of the road in the course of the operation (hereinafter “instant accident”). The lower part of the Defendant’s driver’s seat (hereinafter “instant accident”).

C. From July 30, 2014 to May 25, 2015, the Defendant filed a claim against the Plaintiff for reimbursement for damages arising from the instant accident. From August 4, 2014 to May 29, 2015, the Plaintiff paid KRW 34,065,010,010 in total, as indicated in the daily table, as in the Defendant’s request, for medical expenses, such as internal medicine, and bedclothes purchase expenses.

The defendant in a criminal trial against the defendant was prosecuted as the charge of fraud that "the defendant charged with the plaintiff's 34,065,010 won by deceiving the staff in charge of the plaintiff's company by deceiving the above 34,065,010 won," but was pronounced not guilty in the Suwon District Court case No. 2016No4057.

The above case is pending in the Supreme Court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 10, 12, Eul evidence No. 55, and the purport of the whole pleadings

2. Summary of the Plaintiff’s assertion

A. The Defendant asserting a tort is claiming insurance money only for the medical expenses, such as sculp sculp base, sculphe base, and scule sculp base, which occurred due to the instant accident. However, around July 30, 2014, the instant accident occurred while the Plaintiff Company’s staff members knew that there was no causal link with the instant accident, received internal treatment, or purchased bedclothes boats, etc. as household goods.