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(영문) 서울남부지방법원 2020.06.09 2019가합111623
부당이득금
Text

1. The Defendants, within the scope of the property inherited from each network D, shall be KRW 156,99,565, respectively, to the Plaintiff.

Reasons

Basic Facts

As an insurance company, the Plaintiff entered into a comprehensive automobile insurance contract with E as to the insurance period for the F Passenger Vehicles (hereinafter “Plaintiff’s Passenger Vehicles”) from November 17, 2015 to November 17, 2016, and as the insured E.

On July 8, 2016, the network D (hereinafter referred to as “the network”) operated a stolen G H OEba (hereinafter referred to as “the network”), without a license, for a change of the three-lanes from five-lanes before Sungnam-si I Apartment-dong, Sungnam-si, J apartment, the direction, etc. was not followed by the direction, etc. while driving the three-lanes from the front line to the middle line of the front line, and driving the two-lanes at the front line of the deceased OEba, and driving the two-lanes into the front line of the front line of the front line of the front line of the front line of the deceased, and driving the two-lanes of the Plaintiff’s vehicle driven in the same direction as the two-lanes of the two-lanes of the above Part 5-lanes of the front line of the deceased OEA, and causing no injury to the two-lanes of the two.

(hereinafter “instant traffic accident.” Pursuant to Article 11(1) and (2) of the Guarantee of Automobile Accident Compensation Act, the Plaintiff paid KRW 5,400,000 for damages from October 2016 to December 2018, 307,415,280 for the total of KRW 312,815,280 for the deceased as advance payment. From August 2016 to September 2017, the Plaintiff paid KRW 1,183,850 for the Plaintiff’s automobile repair cost incurred from the instant traffic accident as insurance proceeds.

The Plaintiff brought a lawsuit against the Deceased and Defendant C in Suwon District Court for the confirmation of the existence of the obligation to confirm that there is no obligation of the Plaintiff to pay the insurance money according to the instant insurance contract in relation to the instant traffic accident, and the said court did not commit negligence on August 30, 2017 to K, who is the driver of the Plaintiff’s car, with respect to the instant traffic accident.

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