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(영문) 서울중앙지방법원 2015.06.12 2013가단5011808
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiff is an insurer who concluded each automobile liability insurance contract with respect to the holding vehicles A owned by SELS Co., Ltd., with respect to the holding vehicles B owned by Young wood Co., Ltd., and with respect to the holding vehicles C owned by Ecogin Cogin Co., Ltd. (hereinafter the above holding vehicles collectively referred to as “the instant holding vehicles”).

B. The “each of the instant accidents” as indicated in the separate sheet was generated with respect to the instant forkive vehicles.

The defendant paid insurance benefits under the Industrial Accident Compensation Insurance Act to D, E, and F, the victims of each of the above accidents, and exercised the right to indemnity against the plaintiff.

Accordingly, on November 19, 2010, the Plaintiff paid to the Defendant KRW 6,693,040, totaling KRW 21,993,040, and KRW 6,693,040 ( KRW 6,300,000, KRW 6,693,040, and KRW 6,693,040) with respect to the instant Class 3 accident, with respect to the instant Class 1 accident, the Plaintiff paid to the Defendant each of the instant KRW 812,610, totaling KRW 1,587,390,00 ( KRW 812,610, KRW 1,587, KRW 390).

2. The Plaintiff’s assertion does not constitute construction machinery subject to Article 2 subparag. 1 of the Guarantee of Automobile Accident Compensation Act (hereinafter “the Automobile Accident Compensation Act”) and Article 2 of the Enforcement Decree of the same Act.

However, according to the terms and conditions of the automobile insurance for the owner of the instant car, the Car liability I (liability insurance) has to compensate only for the automobile liability under the above law.

Therefore, since the owner of this case is not a motor vehicle subject to the self-defense, each of the above operators is not liable for damages under the self-defense law, and the plaintiff is not obligated to pay liability insurance to the victims under the terms and conditions of the contract of this case.

Ultimately, the payment of the above liability insurance money to the defendant's claim for reimbursement is made without any legal ground.

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