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(영문) 서울중앙지방법원 2017.07.21 2016가단5085367

부당이득금

Text

1. The Defendant’s KRW 10,360,560 as well as the Plaintiff’s annual rate of KRW 5% from January 22, 2015 to April 21, 2016.

Reasons

1. Facts of recognition;

A. The Defendant: (a) was a person who is engaged in driving of B-type taxi; (b) from September 19, 201 to January 18, 2015, the Defendant, while driving the said taxi at the downstream-dong, etc. in Sungnam-gu, Sungnam-gu, Seoul-gu, etc., caused 29 traffic accidents including each traffic accident listed in the separate sheet (hereinafter “each of the traffic accidents in this case”) by intentionally taking advantage of the vehicle; (c) received money from each insurance company including the Plaintiff, who is the insurer of the other party; and (d) received money from the Plaintiff and other insurance companies under the pretext of agreement and treatment expenses; and (e) received judgment of conviction as a crime of fraud.

B. With respect to each of the instant traffic accidents, the Plaintiff paid KRW 10,360,560,000 in total to the insured under the pretext of agreements, medical expenses, repair expenses, etc. with respect to each of the instant vehicles, such as the details stated in the separate sheet.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 39, purport of the whole pleadings

2. In light of the above facts, the plaintiff paid 10,360,560 won in total as agreed money, medical expenses, and repair expenses with respect to each other vehicle caused by each traffic accident in the course of the defendant's commission of the tort as above. It is reasonable to deem that such expenses are proximate causal relation with the tort above.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the Plaintiff damages calculated at the rate of 5% per annum from January 22, 2015 to April 21, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.