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1. The Defendant (Counterclaim Plaintiff) paid KRW 41,415,534 to the Plaintiff (Counterclaim Defendant) and its related amount from June 23, 2015 to October 11, 2018.
Reasons
Basic Facts
가. B는 2014. 1. 21. 20:10경 남영주시 C아파트 단지 내 도로에서 D 소유 E 싼타페 차량(이하 ‘원고 차량’이라 한다)을 운전하여 좌회전을 하던 중, 위 차량의 전방에서 “↙” 방향으로 이동하던 피고를 충격하는 사고(이하 ‘이 사건 사고’라고 한다). 나.
The Plaintiff is an insurer who has entered into an automobile comprehensive insurance policy with respect to the Plaintiff’s vehicle.
C. After the instant accident, the Defendant received medical treatment in the Feminary Department, G Geminwon, Hwon, Ipology, J Hospital, K Khan Medical Center, Lcare Hospital, M hospital, Mhee University Hospital, Guhee University Hospital, Nan National Institute Hospital, Korea University Hospital, Korea National University Hospital, Ou Hospital, and Pvalescent hospital.
The Plaintiff paid total of KRW 80,113,080 to the Defendant, etc. under the name of the above treatment costs.
[Ground of recognition] In the absence of dispute, Gap 1, 6, 7, 8, 9, 13.15, 16, 17, 18, 19, 19, 20 each statement, Gap 4's video, and the whole purport of the pleading, the defendant alleged that the defendant suffered injury although there was no injury as alleged by the defendant, such as Gap 1, 6, 7, 8, 9, 13.15, 16, 17, 18, 19, 19, and 20, Gap 4's video, and the whole purport of the pleading, the defendant is obligated to return to the plaintiff unjust enrichment amounting to KRW 80,586,610.
Judgment
According to the result of the request for appraisal of the medical records to the head of Seoul Medical Center of this Court, if a medical specialist outside of the Seoul Medical Center who appraised the defendant's medical records immediately after the accident in this case occurred at the time of the accident of this case, "A medical specialist outside the Seoul Medical Center who raised the defendant's medical records," the defendant complained of symptoms, such as the pains, scins, scins, and scins, to the right side scins, and according to the Fransc and scinscinscinsc in the medical records that the defendant visited after the accident in this case.