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(영문) 인천지방법원 2020.11.17 2019나70653
부당이득금반환
Text

Of the judgment of the court of first instance, 800,650 won against the defendant (Counterclaim defendant) among the judgment of the court of first instance and the corresponding amount on June 21, 2019.

Reasons

Judgment on the Main Claim

A. (1) The facts of recognition are as follows: D urban buses owned by Daehan Co., Ltd., which entered into a motor vehicle mutual aid agreement with the Plaintiff, on February 28, 2016, around 18:10 on the bus stops in Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon, for the Defendant to sit in the seat, resulting in an injury of the right-hand knee salt seat while getting off.

(2) On June 15, 2016, the Plaintiff paid the Defendant KRW 582,050 for medical expenses and KRW 317,950 for damages, and drafted an agreement with the Defendant on the following terms (hereinafter “instant agreement”).

As to the damage suffered by the defendant due to the accident of this case, the defendant clearly received the following amount, including the mutual aid fund for automobile damage liability, from the plaintiff as damages, and agreed to do so, the defendant thereafter waives all the rights (including all the legal rights in relation to joint tort) and promises not to file a civil or criminal lawsuit or objection for any reason in the future, and sign and seal this agreement with the evidence of the next day.

The amount to be received: 90,000 won: The National Health Insurance Corporation (which shall be responsible for the person in question at the time of claiming for reimbursement in the Medical Service) has filed a lawsuit against the Plaintiff as Seoul Central District Court 2018 Ghana2209810 on the part of the Defendant’s medical expenses incurred by the instant accident. The said court rendered a judgment on December 14, 2018 that “the Plaintiff shall pay the National Health Insurance Corporation the amount of KRW 643,840 and the amount of money calculated at the rate of KRW 5% per annum from April 29, 2016 to July 6, 2018, and 15% per annum from the following day to the date of full payment” and the said judgment became final and conclusive around that time.

(4) The National Health Insurance Corporation is the Seoul Central District Court No. 2019Kao-3134 against the Plaintiff.

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