부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. At around 17:50 on September 19, 2015, Defendant vehicles moved ahead of the D gas station adjacent to Gwangju Mine District C from the IC bank to one-lane of the five-lane roads in Gwangju metropolitan viewing direction. Defendant vehicles moved back back of the E vehicles rapidly stopped due to sudden stop of preceding vehicles at the same lane in the front side of the front side of the Defendant vehicle (hereinafter “first vehicle damage”).
The first damaged vehicle was pushed by the shock, and then the driver saw the driver 1 to the front part of the first damaged vehicle. The driver saw the driver 1 to the front part of the first damaged vehicle.
(hereinafter “instant primary accident”). C.
After the first accident of this case, the plaintiff's vehicle driven along the same lane was moved back to the front part of the plaintiff's vehicle, which was temporarily stopped due to the first accident of this case.
(hereinafter “instant secondary accident”). D.
Due to the first and second accidents of this case, G, H and the second victim vehicle passengers who are the passengers of the first victim vehicle of this case, I, J, K, L, M, etc. (hereinafter “victims”) suffered injuries, such as climatic salt, etc. requiring two weeks’ medical treatment.
E. The Defendant requested the Plaintiff to pay the amount equivalent to 50% of the insurance money paid by the Defendant on the ground that the injury of the victims was caused by the shock of Nos. 1 and 2 accidents of this case, and that the injury of the victims was caused by the shock of No. 1 and 2 accidents of this case.
Accordingly, from November 24, 2015 to February 29, 2016, the Plaintiff paid the Defendant totaling KRW 5,284,660 as the amount of indemnity.
[Reasons for Recognition] There is no dispute.