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(영문) 서울중앙지방법원 2017.09.26 2016가단5072187
구상금
Text

1. As to KRW 91,384,960 among the Plaintiff and KRW 4,460,00 among them, the Defendant shall pay to the Plaintiff KRW 91,384,960 from March 8, 2016 to April 8, 2016, and KRW 62,056.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C (hereinafter “Plaintiff”) with B, and the Defendant is the owner of D Vehicle (hereinafter “Defendant”).

B. At around 00:55 on October 8, 2015, B driven the Plaintiff’s vehicle, and discovered the Defendant’s vehicle parked in one lane at a point of 300 km in the front side of the Central Highway, which is located in the front side of the city of Gangwon-si, and changed the vehicle to two lanes in order to avoid this while driving the Defendant’s vehicle at a point of 300 km in the front side of the Central Expressway, and shocked the Defendant’s bridge that was under drinking on the two-lane road at the time.

(hereinafter referred to as “instant accident”). C.

With respect to the instant accident, on December 7, 2015, the Plaintiff paid to B the insurance proceeds of KRW 4,460,00 with the repair cost of the Plaintiff’s vehicle, and KRW 62,056,780 (total 66,516,780) with the medical expenses from December 23, 2015 to March 7, 2016, and additionally paid the Defendant the insurance proceeds of KRW 24,868,180 with the medical expenses from March 24, 2016 to June 12, 2017.

(Total Amount shall be KRW 91,384,960). [Reasons for Recognition] The fact that there is no dispute, each entry and video (including each number), the purport of the entire pleadings, and the purport of the whole pleadings.

2. According to the above facts of determination, the accident in this case occurred due to the negligence of the defendant who was driven on the road of the second line while parking the defendant's vehicle at night while parking the vehicle in the first line on the expressway, and there is no responsibility for the plaintiff to avoid the defendant in the above situation. Thus, the defendant is obliged to return the total amount of the above medical expenses that the plaintiff paid to the plaintiff to the defendant on the premise that the accident in this case occurred due to competition with the plaintiff, and to pay the repair expenses of the plaintiff's vehicle paid to B by the insurer under subrogation of Article 682 of the Commercial Act.

On the other hand, the obligation to return unjust enrichment is not fixed.

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