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(영문) 서울남부지방법원 2016.06.23 2016나50776
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 11, 2005, the Plaintiff was an insurance company that runs the automobile insurance business, etc., and entered into a comprehensive automobile insurance contract with the Defendant with respect to the FL car by setting the insured and the insurance period from April 11, 2005 to April 11, 2006.

B. The co-defendant C of the first instance court’s criminal punishment due to insurance fraud caused a traffic accident by intentionally causing a traffic accident with “C, B, D, E (Co-Defendants of the first instance court) and the Defendant, and, on April 9, 2006, at the road located in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant traffic accident”), the Defendant caused a traffic accident involving some of H taxis belonging to the G company that the said B drive a FL car and claimed insurance money, thereby receiving insurance money, and the said summary order became final and conclusive upon receiving a summary order issued by the Incheon District Court Branch Branch of the Incheon District Court as approximately 2012 high-level 269, and the Defendant was subject to the suspension of indictment for the instant traffic accident.

C. The Plaintiff paid insurance money to B by June 11, 2007, KRW 1,703,210, KRW 1,291,570, and KRW 1,275,670, and KRW 1,291,570, and KRW 5,562,020, in total, to E, from June 11, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. As seen above, inasmuch as a summary order of conviction against Co-Defendant C of the first instance trial is finalized on the grounds that he/she acquired insurance money by intentionally causing an accident as seen above, and a stay of indictment is imposed on the Defendant, but the indictment is suspended, the Defendant is jointly and severally with the Co-Defendant of the first instance trial, who is a joint tortfeasor, and as such, from June 12, 2007 to December 11, 2015, the date following the date of the final payment of the above insurance money, as the Plaintiff seeks.

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