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(영문) 서울북부지방법원 2014.09.30 2013나1295
부당이득금반환
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the cancelled part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded the comprehensive automobile insurance with the passenger vehicle, which is a small and medium-sized bus B operated by the said company, as an insured automobile.

B. On April 12, 201, the Defendant was on board the instant bus driven by C, who is an employee of the said bus (hereinafter “instant accident”) and was on board the instant bus in the front door of Seongdong-gu Seoul Metropolitan Government Seongdong-dong Apartment apartment located in Seongdong-dong, Seongdong-gu, Seoul, to keep balance in the process of stopping, and going beyond the entrance and exit door, and was faced with the entrance opened at the entrance of the instant bus (hereinafter “instant accident”).

C. In the instant accident, the Defendant suffered injury requiring approximately 4 weeks’ medical treatment due to the following: (a) the Defendant suffered injury due to the climatic and sacratum base, the Dam safry, and the scarke, etc.; (b) the Plaintiff guaranteed medical expenses and paid medical expenses to the Defendant in Seoul National University Hospital, etc. in accordance with the advance payment regulations; (c) on January 12, 2012, the Defendant paid KRW 13,920,410 in total as the expenses for direct payment and the expenses for hospital payments until January 12, 2012; and (d) paid KRW

On the other hand, on February 19, 2010, the day before the instant accident occurred, the Defendant was under contact with the Defendant’s right side part of the other insured vehicle that entered into an automobile insurance contract with the Plaintiff, and the accident was under diagnosis of stress disorder, and was under diagnosis of chronic disorder, and was paid 7.5 million won by agreement around June 30, 201, according to the result of the conciliation in the civil litigation litigation No. 2011Gadan212954 between the Plaintiff and the Defendant.

E. Meanwhile, according to the terms and conditions of the instant insurance contract, where the total amount of damages after offsetting the amount according to the victim’s fault ratio in relation to the amount of damages Class I and II, the amount corresponding to the medical relationship cost is compensated for if the total amount of damages after offsetting the amount according to the victim’s fault ratio is below the amount corresponding to the medical relationship cost.

grounds for recognition.

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