(영문) 서울중앙지방법원 2016.04.28 2015가단5350958

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(영문) 서울중앙지방법원 2016.04.28 2015가단5350958

부당이득금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 16, 2012, at the point of 08:22, a vehicle C driven by B (hereinafter “Defendant vehicle”) at a point of 9.1km on the expressway caused a traffic accident that conflicts between the vehicle stopping on the side, and the Plaintiff suffered injury due to the said traffic accident.

(hereinafter “instant accident”). (b)

On October 13, 2015, the Defendant, the insurer of the Defendant vehicle, prepared a written agreement (hereinafter “instant agreement”) containing the following contents with the Plaintiff, and paid KRW 72,90,000 to the Plaintiff.

With respect to the accident of this case, the victim (referring to the plaintiff; hereinafter the same shall apply) has been damaged by the accident of this case, he/she has agreed to receive the following amount from the defendant of the perpetrator or his/her representative as damages compensation, and have agreed to waive all of his/her rights and to not file a civil or criminal lawsuit or objection for any reason, and signed and sealed this agreement as evidence.

The amount of KRW 22,50,000,000, which deducts criminal consolation benefits of KRW 4,000,000, and 72,90,000,000, from among these agreements, shall be paid as compensation for consolation money of KRW 100,000,00,00,000, and as a whole, the purport of each entry in evidence A, Nos. 1 and 2, and the purport of the whole pleadings.

2. Assertion and determination

A. The summary of the plaintiff's assertion 1) The amount of the agreement on compensation for traffic accidents under the plaintiff's agreement of this case is 100 million won. Since the defendant paid only the remainder 22,500,000 won of criminal consolation money to the plaintiff, the defendant is obligated to pay 22,50,000 won as unjust enrichment to the plaintiff. 2) The defendant's lawsuit of this case was filed in violation of the additional lawsuit agreement of this case, and thus, it is illegal and illegal, and even if it is not so, the defendant is liable for criminal consolation money as agreed in accordance with the agreement of this case.

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