logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.06.05 2018나314842
부당이득금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with C with respect to D Passenger Vehicles owned by C (hereinafter “Plaintiff”).

B. On August 5, 2016, at around 19:45, C driving the Plaintiff’s vehicle, and proceeding the road front of the front door of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the apartment of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of

다. 피고 차량은 이 사건 사고의 충격으로 튕겨져 나가면서 주변에 주차 중인 차량의 앞 범퍼 부분과 재차 충돌하였다. 라.

The Defendant suffered injury due to the instant accident, etc., such as brain-dead, salvine, salvine, salvine, salvine, salvine, salvine, salvine, salvine, salvine, alvine, etc.

E. The Plaintiff paid the Defendant’s medical expenses totaling KRW 4,53,700 on October 1, 2016, KRW 4,510,60 on October 28, 2016, KRW 208,300 on November 15, 2016, KRW 4,510,60 on December 14, 2016, and KRW 158,750 on February 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, Eul evidence No. 2, or the purport of the whole pleadings

2. Summary of the parties' arguments

A. The accident of this case occurred due to the previous negligence of the defendant, who is the driver of the defendant who illegally overtakened the plaintiff's vehicle to turn to the left normally by operating the direction direction, etc. on the left-hand side from among the two-lanes road.

Therefore, C, the Plaintiff’s driver, did not bear the liability for damages for the instant accident, and the Plaintiff, the insurer of the Plaintiff’s vehicle, also did not bear the liability for damages, so the Defendant shall return the medical expenses received from the Plaintiff as unjust enrichment

arrow