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(영문) 서울중앙지방법원 2014.11.19 2014가합530773
손해배상(기)
Text

1. The Defendants are 5% per annum from May 8, 2014 to November 19, 2014 with respect to each of the above amounts of KRW 98,024,950 to the Plaintiff.

Reasons

The summary of the instant case is that, on the premise that the deceased C (D life, hereinafter “the deceased”) died from a disease other than a traffic accident, the Plaintiff sought compensation for damages equivalent to the amount of insurance money, etc. on the ground that the Defendants had committed a tort by deceiving the Plaintiff and by deceiving the Plaintiff, and as a result, sought the return of agreed amount, etc. as unjust enrichment.

In fact, on May 1, 2013, the Deceased's death, was stopped after collision with the opposite retaining wall in excess of the center line while driving the F F Cargo Vehicle owned by the Plaintiff's automobile insurance (including the automobile injury insurance amount of KRW 200,000,000) on the road in front of the village in the Hanwon-gun, Namwon-gun.

On May 22, 2013, the deceased was sent to 119 mobilization upon the report of witness G of the following vehicle, and was transferred to Yungsan Hospital, and died on May 22, 2013.

On June 5, 2013, the Plaintiff related to the payment of insurance money, etc. received KRW 182,480,350 [the funeral expenses of KRW 45 million, funeral expenses of KRW 300,000,000, KRW 134,480,350, KRW 4] as the insurance money and damages caused by a motor vehicle accident of the deceased between the Defendant A and the Defendants represented by the deceased’s heir (here, KRW 10,000,000,000 in total) (including KRW 1,480,350, KRW 2)] (the following table 2). Accordingly, a written agreement was formulated to confirm that all rights to the agreement were waived and that no civil or criminal lawsuit is raised on any ground.

The details of money paid by the Plaintiff in relation to the deceased’s accident are as follows:

(1) On May 23, 2013, KRW A3,00,000 of provisional payments, and KRW A7,000,000 of provisional payments, respectively, on May 23, 2013 (hereinafter referred to as “provisional payments”) x. (1) x. (24 May 2013.

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