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(영문) 대전지방법원 2016.07.14 2016나100438
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

Basic Facts

The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the Hongjin M&T Co., Ltd. with respect to F Freight Vehicles (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with A (hereinafter “Defendant”) with respect to F Freight Vehicles B.

On June 24, 2014, around 12:30 on June 24, 2014, the instant accident occurred, driving the Defendant vehicle, and driving the Defendant vehicle along the two-lane 2-lane road in front of the D cafeteria resting area in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, along two-lanes from the breath section, the rear part of the Plaintiff vehicle parked on the side between the access road and the approach road to the said resting area and the approach road.

(hereinafter “instant accident”). The wife G, who was on the top of the steering force of Defendant vehicle due to the instant accident, was killed in low blood transfusion shock around 01:57 on June 25, 2014, when he/she was receiving treatment due to the chest and double damage.

As a result of deliberation by the Defendant’s deliberation committee on the dispute over payment of insurance proceeds and reimbursement of automobile insurance proceeds, the Plaintiff asserted without fault of the Plaintiff’s vehicle, and did not pay insurance proceeds to the Defendant’s vehicle or network G due to the instant accident, the Defendant paid KRW 5,900,000 to A with insurance proceeds from the damage of the Defendant’s vehicle, and on January 16, 2015, filed a request for deliberation with the Dispute Deliberation Committee on Compensation for Automobile Insurance (hereinafter “Dispute Deliberation Committee”).

On March 16, 2015, the Dispute Deliberation Committee rendered a decision to deliberate and coordinate the Plaintiff’s payment of KRW 590,000 to the Defendant (hereinafter “the first decision”). The written decision was served on the Plaintiff on March 26, 2015.

On April 1, 2015, the Plaintiff paid 569,000 won to the Defendant, excluding 210,000,000 won of the returned goods remaining in the above 5,90,000 won as compensation.

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