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(영문) 인천지방법원 2016.05.13 2015나53247
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile comprehensive insurance contract with respect to C rocketing vehicles owned by B (hereinafter “Plaintiff-motor vehicle”).

B. D, around 17:50 on June 13, 2014, driving the Plaintiff’s vehicle and then straight the street of 197, South-gu, Incheon, Nam-gu, from the area of a local apartment room to the third distance room of the civil defense education office.

In the middle distance of the third distance of the civil defense education office, the front pentum and even door parts of the Defendant E-E-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

(hereinafter “instant accident”). C.

On June 13, 2014, the defendant was diagnosed on June 13, 2014 that the defendant suffered from the injury to the scopical base and the scopical base, which require two weeks of necessity, from the Gmopian off in the Nam-gu Incheon Metropolitan City F, and the same year.

7.4. The same year from around April 7.

8. By the 26th day of May, 198, the above hospital received outpatient treatment.

On July 8, 2014, the Plaintiff paid 342,550 won as medical expenses to the Defendant, and 755,080 won as medical expenses to the above G G G prison on the 22th day of the same year.

[Ground of recognition] Facts without dispute, Gap 1 to 10 evidence, Eul 1 to 3 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is merely a minor contact accident, and thus it cannot be deemed that there was an injury to the Defendant in the lusium and the lusium. Thus, the Defendant is obligated to return the aggregate of KRW 1,097,630 (342,550,755,080) paid by the Plaintiff as unjust enrichment.

B. On the day of the instant accident, the Defendant was diagnosed to have suffered from the injury of the scopical base and the scopical base, which are necessary for two weeks in the above hospital, due to the Defendant being inside the above G Gtype on the day of the instant accident, and thereafter, the same year.

7.4. The same year from around April 7.

8. By the end of 15.26 days above.

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