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(영문) 서울중앙지방법원 2016.01.08 2015나43348
부당이득금반환
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. Around July 31, 2012, the Plaintiff, an insurance company, entered into a contract with the Korea Senior Welfare Association of the Aged, stating that the insured corporation, the insurance period from July 31, 2012 to July 24:00, 201 to August 24:00, 2014, including the liability to compensate for damage to another person’s body during the performance of his/her duties or damage to another’s property during the said period (hereinafter “Plaintiff’s insurance contract”) within the scope of KRW 100,000 per accident per the Plaintiff, and KRW 100,000 per large volume (50,000,000,000,000).

B. On February 6, 2014, around 08:00, at the sick room of the Social Welfare Foundation B’s “C Care Foundation” (a member institution of the foregoing legal entity) located in Gwangju Northern-gu, Gwangju-gu, the network D (the age of 76, the care worker E) hospitalized in the foregoing medical care center covered the instant electrical sets on the back of the night, and the Defendant covered the instant electrical sets on the back of the night and carried the images on board and by hand (hereinafter “instant accident”).

C. After the above accident, the Deceased received a video and spathic treatment from multiple hospitals, and died on June 13, 2014.

On November 5, 2014 and December 20, 2014, the Plaintiff paid KRW 30,925,100,00 (i.e., 17,690,000, after deducting KRW 500,00 from the agreed amount paid by the pertinent medical care personnel to the victim’s side (i.e., KRW 17,190,000 from the agreed amount paid by the said medical care personnel).

E. Meanwhile, around July 8, 2013, the Defendant entered into a contract for the “business number comprehensive insurance” (hereinafter referred to as the “Defendant insurance contract”) with a medical care center (hereinafter referred to as the “Cmedical care center”) where the special terms and conditions of the said medical care center’s building, facilities, household fixtures, etc. were added to the said medical care center’s building, facilities, household fixtures, etc. as an insurance company from July 8, 2013 to July 8, 2014.

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