logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.10.15 2018가단9875
부당이득금반환
Text

1. The Defendant: (a) KRW 31,461,820 for the Plaintiff and its related KRW 15% per annum from December 7, 2018 to May 31, 2019; and (b) June 1, 2019.

Reasons

1. Facts of recognition;

A. At around 16:50 on May 31, 2018, D, a route bus driver, driven a route bus belonging to C (hereinafter referred to as “instant bus”) and was driven by two-lanes of the two-lane road in front of the city of Jeju, which is located in the center of the city of Jeju, in accordance with the two-lanes of the two-lane road in front of the city of Jeju, while driving a route bus belonging to C, which is a route bus driver, was stopped at the center of the city of the city of the city of Jeju.

After that time, the Defendant, who was on the delivery part of the bus stop, was faced with the damage and diversing off the left-hand side of the bus, which is shocked by the shocking part of the rear wheels of the bus of this case, requiring approximately six weeks of treatment (hereinafter “accident of this case”).

B. On June 7, 2018, the Defendant received hospitalized treatment, such as cutting knee below the left-hand kne and drinking-static surgery due to the instant accident. The Plaintiff, a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the instant bus, paid the medical expenses equivalent to KRW 25,61,820 to the medical institution, such as the Gyeongbuk University Hospital, etc. where the Defendant was receiving medical treatment, or to the Defendant, during the period from July 3, 2018 to November 15, 2018. On August 21, 2018, the Defendant paid KRW 5,800,000 to the Defendant’s purchase cost of satisfaction.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, 2, 3, Eul evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties’ assertion occurred by the Defendant’s total negligence, and even if there was no negligence against D, the Plaintiff paid the Plaintiff the purchase cost of satisfaction with the above medical expenses. As such, the Defendant deemed that “23,341,150 won” in the treatment cost of the cause of the claim in the claim amounting to KRW 31,461,820, which is equivalent to the sum of the above sum, is a clerical error of KRW 25,61,820.

In this regard, damages for delay after October 25, 2018.

arrow