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(영문) 부산지방법원 2015.11.12 2015가단17926
부당이득금
Text

1. The Defendants’ respective Plaintiff, KRW 11,091,670, and Defendant A from February 7, 2014 to September 17, 2015.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of the C vehicle (hereinafter “instant vehicle”), and the Plaintiff is the insurer who entered into a comprehensive automobile insurance contract with the said vehicle (including special agreement for family drivers) (hereinafter “instant insurance contract”).

B. Meanwhile, the general terms and conditions of personal automobile insurance stipulate that “damages occurred when an insured automobile is used or lent repeatedly in return for a profit-making purpose in return for the use or lease of the insured automobile” shall not be compensated for the personal injury II and the surrogate payment (Article 8 of Chapter 1).

C. Defendant B’s children, around 06:30 on January 5, 2013, when Defendant A operated the instant vehicle while carrying D on the roads prior to the Busan High Art Gallery Daegu YUG, Busan, and operating the instant vehicle, Defendant A, who is a son of Defendant B, was on board “F driver G-si (hereinafter referred to as “F-si (G-si) with which Defendant B was on board.”

Finding and moving to the left-hand side while avoiding the collision with the above vehicle beyond the center line.

hereinafter referred to as "the accident of this case"

D. At the time of the instant accident, Defendant A received KRW 13,00,000 from customers, and Defendant A was under transportation for private use, i.e., “the name of illegal taxi business,” which is the type of illegal taxi business, which is the type of thrown away from the bus terminal located near the bus terminal located in the 31-dong, Busan Metropolitan City Shipping Daegu-gu.

E. The Plaintiff paid KRW 8,084,00 to the driver F of the other vehicle due to medical expenses, etc., KRW 4,561,710 to E, and KRW 7,187,250 to D. The Plaintiff spent KRW 7,529,00 as the repair cost of the instant vehicle, and KRW 1,30,00 as the repair cost of the other vehicle.

F. Meanwhile, with respect to F, the limit of 11,30,000 major compensation for the injury to Class 7 and Grade 14 of the disability water supply is 11,30,000, and with respect to E and D, the limit of 2,40,000 major compensation for the injury to Class 8 and Grade 9 respectively.

G. The Plaintiff is liable for reimbursement from the taxi mutual aid association, the insurer of which is the insurer to KRW 1,817,460, and D.

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