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(영문) 대전지방법원 2016.09.08 2015나10309
부당이득금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

Basic Facts

The Plaintiff, a juristic person running an insurance business, concluded a comprehensive personal automobile insurance contract with B and C vehicles owned by it (hereinafter referred to as “Plaintiff vehicle”).

B around 18:50 on January 23, 2013, at the intersection in front of the hot spring station in the Asia-si, a hot spring town, driving the Plaintiff vehicle in front of the hot spring station, and shocking the E (D) vehicle in the atmosphere signaled at the same level, and the shocking of the D vehicle with the shocking shocking the two-lanes of the F (observer) vehicle in the Defendant’s driving in the signal waiting (hereinafter “Defendant vehicle”).

(2) In the event of the instant traffic accident, the Defendant suffered damage to the extent that the fronter in the Defendant’s vehicle was flickly flicked and the number plate was flicked due to the instant traffic accident, and the Defendant suffered from the injury, such as click, flick, flick, etc., which requires treatment for approximately two weeks.

At the time of the instant traffic accident, B was under the influence of alcohol content 0.125%. On June 24, 2013, Daejeon District Court rendered a summary order of KRW 5,000,000 as a fine for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury Caused by Dangerous Driving) by the Daejeon District Court Branch Decision 2013 High-Risk350 on June 24, 2013, and the said summary order became final and conclusive on July 12, 2013.

From February 1, 2013 to March 14, 2016, the Defendant received medical treatment for a long period as shown in the attached Table from the Defendant’s hospital, G Hospital, H Hospital, Dauman Hospital, I convalescent Hospital, J Institute, Medical Corporations, So-young Medical Foundation, and G University Hospital. In this regard, the Plaintiff paid insurance proceeds of KRW 28,339,290 in total to each of the above medical institutions the Defendant and the Defendant received medical treatment.

On the other hand, on November 26, 2007, before the accident of this case, the Defendant was diagnosed as having a mental fission and as having a mental disability level 3.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 6, and Gap evidence 8.

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