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(영문) 서울중앙지방법원 2016.06.14 2014가단62891
부당이득금반환등
Text

1. On April 15, 1999, the accident occurred between B and C vehicles near the Seocho at the right edge of the parallel of the expressway at around 01:00.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with Nonparty E (hereinafter “Plaintiff”), and the Defendant is the driver of the Defendant’s vehicle C (hereinafter “Defendant”).

B. Around 01:00 on April 15, 1999, the Defendant driven the Defendant’s vehicle to drive in the vicinity of the upstream line of the expressway and was faced with the accident where the side part of the Plaintiff’s vehicle and the side part of the Defendant’s vehicle contact each other (hereinafter “instant accident”), and suffered the injury, such as the brupted salt, etc., due to the shock of the said accident.

C. From July 9, 2011 to June 30, 2015, the Plaintiff paid KRW 95,577,790 as medical expenses for the above injury of the Defendant, and additionally paid KRW 3,552,760 from July 13, 2015 to April 4, 2016.

The Plaintiff paid KRW 600,000 to the Defendant on the premise that there was a post-payment disability.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 10, 11 (including virtual numbers), the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the instant claim, the Defendant’s medical treatment related to the instant accident as of June 30, 2015, which was concluded on June 30, 2015, and the fact that there was no harm from the instant accident to the Defendant after the completion of the medical treatment is recognized.

Therefore, according to the above facts of recognition, the Plaintiff’s obligation to pay insurance money to the Defendant in relation to the instant accident does not exist in excess of KRW 95,577,790 paid until June 30, 2015 (the Defendant’s interest in confirmation is recognized), and the medical expenses paid to the Defendant after the date of appraisal on the premise that there is a disability related to the instant accident, and KRW 600,000 paid provisionally to the Defendant on the premise that there is a disability related to the instant accident, and KRW 3,552,760 paid to the Defendant, and KRW 60,000 paid without any legal cause.

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