beta
(영문) 대전지방법원 2014.04.18 2012나11080

부당이득금

Text

1. Articles 1 and 2 of the judgment of the court of first instance, including the Defendant-Counterclaim Plaintiff’s counterclaim claim expanded in the trial.

Reasons

【Main of the principal lawsuit and counterclaim shall be deemed to be filed together】

1. Basic facts

A. On July 12, 2010, while the Defendant driven a motorcycle (hereinafter referred to as "Defendant Obaco") around 07:00, the accident occurred that the Plaintiff was the insurer and the Nonparty C was in conflict with B's freight vehicle (hereinafter referred to as "Plaintiff vehicle") driven by Nonparty C (hereinafter referred to as "the accident in this case").

B. The offline distance, which is located 90 meters prior to the entry of the offline, is 7 lanes (the two lanes, the two lanes, the four lanes, the two lanes, the two lanes prior to the intersections), the road has decreased to five lanes after the intersections, and the two lanes, other than five lanes, in which the two lanes are straight.

C. As a result of this accident, the Defendant suffered bodily injury, personality and behavior disorder in detail due to the injury of underpaid brain, thale in credit, thale in detail, e.g., e., e., e., e., g., e., e., g., e., g., e., e., g., e., e., e., e., e., e., e., e.

From November 13, 2010 to April 21, 2011, the Plaintiff, on behalf of the Defendant, paid KRW 21,168,120 to the D Hospital and the B-university Hospital of the educational foundation (hereinafter “medical institution”).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, 7 (including, if any, various numbers; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 4, Eul's testimony by the first instance court C, the result of this court's inspection, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The facts of recognition are as follows in full view of Gap evidence Nos. 1, 2, 3, 5, 7, 8, Eul evidence Nos. 12, Eul's testimony of witness C of the first instance court, the results of this court's verification, the results of the fact inquiry about Daejeon and Chungcheongnam Branch of the Road Traffic Authority, and the results of this court's commission to send documents to the Daejeon District Prosecutors' Office and the purport of the whole arguments.