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(영문) 서울중앙지방법원 2015.11.05 2014나35098
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the automobile comprehensive insurance contract that the Plaintiff was the insured, and the Defendant is the spouse of B, who is the insured under a special contract for injury security under the said comprehensive automobile insurance contract.

B. On January 10, 2012, the Defendant sustained injuries by driving the CA car around 21:50 and driving it near the mountain village of Gangseo-gu Seoul Metropolitan City, Gangseo-gu, etc. while driving it in the vicinity of the mountain village of Gangseo-gu, Seoul.

A: A Victim E, a driver D, on January 10, 2012, with respect to the damage of “A” caused by a motor vehicle accident caused by a motor vehicle owned by “B” in the vicinity of Gangseo-gu Seoul Metropolitan City, Gangseo-gu, Seoul Metropolitan City, etc., around 22:30 minutes, the “A” shall receive from Hyundai Marine Fire and Fire Insurance (State) all insurance proceeds calculated in accordance with the following terms and conditions of the purchase of insurance, and at the same time, shall delegate all the right to claim damages against “A” to “B” to Hyundai Marine Fire and Fire Insurance (State).

(1) It shall be proved that the accident was committed together with the victim and was not deposited until the agreement is reached.

However, the above "A" agrees to immediately return or additionally pay insurance proceeds equivalent to the increase or decrease rate of negligence in a claim for indemnity against a person liable to compensate, including "B," or a third party (including de facto damages indicated as damages on a nominal title) in connection with the future accident, if such fact is notified to the modern marine fire insurance (owner) and return the amount equivalent thereto, and if the rate of negligence of "A" is judged differently from the rate of negligence at the time of the receipt of insurance proceeds in a claim for indemnity against a person liable to compensate, including "B", and if the modern marine fire insurance (owner) is ruled differently from

C. On June 28, 2013, the Plaintiff paid insurance proceeds of KRW 83,00,000 to the Defendant, and “insurance proceeds receipts and payments” with the following contents.

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