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(영문) 대전고등법원 2020.08.20 2020나11245
부당이득금
Text

1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

Facts of recognition

A. The status of the parties 1) Plaintiff A, B, and C are an insurance company that entered into an automobile insurance contract with the content that Plaintiff A, B, and C shall compensate for all liability for damages incurred by the death or injury of a third party caused by a car accident while a motor vehicle insurance contractor owns, uses, or manages a motor vehicle in Seo-gu L, with the content that Plaintiff D, E, and F shall be “O” in Daejeon N, Plaintiff H shall be “Swon” in Daejeon-gu, Daejeon-gu, Daejeon-gu, and Plaintiff I shall operate “Uwon.”

B. The plaintiffs' medical treatment and medical expenses class 1) The plaintiffs received requests for film photographing from the president, etc. of another individual hospital during that period, and the patients suffering from a traffic accident of insured motor vehicles insured under automobile insurance (hereinafter "traffic accident patient").

(2) The Plaintiffs provided medical treatment for traffic accident patients claimed by the Defendant as a motor vehicle insurance company during each period indicated in the table below, such as video photographing, etc. The medical expenses that the Plaintiffs did not receive until now from the Defendant or the traffic accident patients (hereinafter “each of the instant medical expenses”) are as listed in the table below.

Plaintiff

The medical expenses for the period of hospital name ( separately for the plaintiff), A, B, and C M Council members of 4,311,436 won each from January 1, 2009 to December 31, 2013 (i.e., total medical expenses of 12,934,310 x 1/3) D, E, and FO members of 1/48,326 won each (i.e., total medical expenses of 4,34,980 x 1/3) from January 1, 2012 to June 31, 2013 x 1/48,326 won each, (i.e., total medical expenses of 4,34,980 x 1/3) H S Council members of H, 100,580 I U U U U U U U 292,292, 2012.

A. The gist of the plaintiffs' assertion is that when the traffic accident patients, who are automobile insurance companies, request the plaintiffs to conduct a video photographing test, the plaintiffs shall be the defendant.

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