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(영문) 서울중앙지방법원 2018.07.18 2017나91747

손해배상

Text

1. The judgment of the court of first instance is modified as follows.

If the Court has selected further claims, the Court shall:

Reasons

Basic Facts

The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Passenger Vehicles (hereinafter referred to as “Plaintiff Vehicle”).

On March 24, 2008, around 04:48, D is driving on the road located in Seoyang-gu Seoyang-gu Seoyang-gu Seoyang-gu Seoyang-si, Seoyang-si, and when E and E and the Defendants (hereinafter collectively referred to as the “Defendant’s driving”), the F car (hereinafter referred to as the “Defendant’s vehicle”) were rapidly driven by E and the Defendants, the Plaintiff following the vehicle did not stop and did not stop, and there was an accident that conflicts with the rear part of the Defendant’s vehicle (hereinafter referred to as the “instant accident”).

From March 26, 2008 to March 28, 2008, the Plaintiff, as the insurer of the Plaintiff’s vehicle, received part of the Plaintiff’s vehicle on the grounds that the Defendants’ daily act claimed false insurance money after paying the insurance money, such as medical expenses and agreement amount. The amount yet to be refunded is KRW 2,939,080 (= KRW 187,560, E255,600, Defendant A1,186,490, Defendant B1,186,430, and KRW 123,000,00).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, the plaintiff's assertion of the parties to the fraud of insurance proceeds. The plaintiff asserts that the defendants' daily act conspired with the defendants to cause the accident of this case by intentionally stopping the defendant's vehicle, and by deceiving the plaintiff who is not aware of such fact to receive the insurance accident and by deceiving the plaintiff to receive the insurance proceeds, so the defendants should jointly pay the balance of the money acquired through fraud to the plaintiff as compensation for damages or unjust enrichment.

The defendants asserted that the defendant's vehicle did not have any duty to return the insurance money on the ground that the accident of this case occurred in collusion with D, E while the defendant's vehicle was operated normally.

Judgment

In a civil trial, even if it is not bound by the fact-finding of a criminal trial, the criminal judgment already finalized on the same facts shall be convicted.