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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,176,670 as well as the full payment from November 23, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who runs various insurance business, such as non-life insurance business, and has concluded a motor vehicle insurance contract for BM5 vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the husband of D, who is the driver of C Obane (hereinafter “Defendant Obane”).
B. At around 15:30 on September 18, 2016, D, driving the Defendant Orab, driving the Defendant Orab, proceeding along the two-lanes from the intersection to the intersection, the two-lanes from the intersection to the intersection, and passing over the two-lanes from the entrance of the Geumsung-gun, Hongsung-gun, Sackbro-gun, the Jabro-do road, the upper part of the front part of the Plaintiff’s front part of the front part of the right side of the Plaintiff’s vehicle, which was proceeding ahead of the two-lanes, to the upper part of the front part of the Defendant Oraban-gun, and thereby, D died because it exceeded the Defendant Orabab.
(hereinafter referred to as “instant accident”). C.
On October 6, 2016, the Plaintiff paid KRW 13,176,670 as advance payment to the Defendant, who is the husband of D, as part of the insurance money regarding the instant accident.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including each number in the case of additional number), Eul evidence 1, the purport of the whole pleadings
2. According to the above facts finding as to the claim of this case, since the accident of this case was caused by the unilateral negligence of Defendant Oral Ba, the driver of Oral Ba, who violated the method of career change, and thus, the Plaintiff suffered damages equivalent to the same amount by paying the insurance money of this case to the Defendant even though it was not obligated to pay the above KRW 13,176,670 as the insurance money of this case, and on the other hand, the Defendant obtained profits equivalent to the same amount without any legal cause, and thus, the Defendant is obligated to return the above KRW 13,176,6
In this regard, the defendant is also defendant Oba, the driver of the plaintiff vehicle.