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(영문) 서울남부지방법원 2017.12.14 2017나58296
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

The first instance court.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the contents and images of Gap evidence Nos. 1 to 9, Eul evidence No. 1 to 4, and the whole purport of the pleadings.

With respect to the vehicle A (hereinafter referred to as the “Plaintiff”), the Defendant is an insurer who has entered into each automobile comprehensive insurance contract with respect to the vehicle B (insured). The comprehensive automobile insurance contract entered into by the Defendant includes a non-life insurance special agreement (hereinafter referred to as the “instant special agreement”) with which the parent of the spouse of the named insured (whether or not the spouse was on board the insured vehicle) would compensate for any injury caused by an accident caused by an non-insurance accident.

B. On November 10, 2015, around 15:50, at the two-lane road near the Seopo-dong community service center in Seopo-si, Seopo-si (hereinafter “instant road”), the Plaintiff’s vehicle was proceeding along one-lanes from Dongpo-dong to Dongpo-dong elementary school (hereinafter “instant road”). However, in the course of entering the instant two-lanes of the instant road, the FOba of driving D (C’s spouse E) (hereinafter “Obabab”), along the direction of the Plaintiff’s proceeding, entered the instant road into the first-lanes through the two-lanes of the instant road, there was a conflict between the right side of the Plaintiff’s vehicle and the left-hand side of the Obab (hereinafter “instant traffic accident”).

C. When the Plaintiff did not bear liability for damages in excess of the liability insurance amount in relation to the instant traffic accident, D claimed insurance money to the Defendant in accordance with the instant special agreement, and the Defendant paid D medical expenses, etc., and filed a claim for deliberation against the Plaintiff (However, the claimed amount is KRW 2.4 million, which is the maximum amount of the liability insurance amount).

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