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(영문) 서울남부지방법원 2015.06.19 2015가단204407
부당이득금
Text

1. The Defendants jointly share KRW 20,936,790 with respect to the Plaintiff and 5% per annum from June 26, 2014 to May 7, 2015.

Reasons

1. Facts of recognition and judgment

(a) Facts below the facts of recognition may be acknowledged if there is no dispute between the parties or if the whole purport of the pleadings is added to each entry in Gap evidence 1 to 5;

The Plaintiff is an insurer who has entered into an automobile insurance contract with Defendant B with respect to vehicles C, which are owned by the Plaintiff.

At around 18:20 on October 29, 201, Defendant B: (a) mixed with a temporary number D, which Defendant A drive; (b) shocked the back of the vehicle; and (c) thereafter, the said mixed vehicle shocked with a utility pole on the right side of the road.

Accordingly, Defendant B claimed the Plaintiff for the payment of hospital treatment expenses and agreed amount while Defendant B suffered injury due to the above accident.

Accordingly, the Plaintiff paid the Defendant A KRW 856,860 with medical expenses and the amount agreed, and KRW 3,479,930 with medical expenses and the amount agreed upon, and paid KRW 19.6 million with the repair cost of the said temporary D foreign vehicle.

However, it was revealed that the Defendants conspired to commit the foregoing accident with intent to receive insurance money under the pretext of vehicle repair cost, traffic accident agreement amount, etc., Defendant A was sentenced to a fine of KRW 2.5 million by a judgment of the Seoul Western District Court 2014Kadan180 decided April 30, 2014, and Defendant B was notified of KRW 5 million by the Seoul Western District Court 2014 High Court 200,000 won by the summary order of the Seoul Western District Court 2014 High Court 200,000 won.

B. Comprehensively taking account of the above facts acknowledged, the above traffic accident was intentionally committed by the Defendants in order to acquire insurance proceeds, but the Defendants were the Plaintiff as a normal accident caused by the negligence of Defendant B, etc., and acquired insurance proceeds as such. Thus, the Defendants jointly acquired insurance proceeds from the Plaintiff to May 7, 2015, 20,936,790 won (=856,860 won) calculated by subtracting three million won that Defendant A returned from the total amount of insurance proceeds paid to the Defendants (=3,00,000 won) to the Plaintiff as part of the money, and as requested by the Plaintiff, it was from June 24, 2014 to May 7, 2015, the last day following the date of delivery of a copy of the complaint of this case.

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