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(영문) 전주지방법원 2017.10.31 2016가단11235
부당이득금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 38,473,012 to the Plaintiff (Counterclaim Defendant) and its related amount from March 25, 2017 to October 31, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with the Plaintiff regarding the Category B Ba vehicle owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with C with respect to the DNA vehicles owned by the Plaintiff (hereinafter “Defendant vehicles”).

B. At around 20:37 September 15, 2015, C driven the Defendant’s vehicle and proceeded along the four-lane road, which is the way to stop ahead of the Friju station located in the Jeonbuk-si E in the Jeonbuk-si, North Korea, following three-lanes from the surface of Kim Jong-do to the seat of the original Mine University Hospital Hospital.

C Even though the Plaintiff’s vehicle of A driving appears to enter as soon as possible without turning on the direction direction, etc. from the four-lane to the three-lane, C entered the Defendant’s vehicle from the three-lane to the two-lane in order to avoid the Plaintiff’s vehicle without securing the safety distance and without turning on the direction direction, etc.

On the other hand, the victim G (n, 49 years of age) who followed the Defendant’s vehicle (hereinafter “victim”) was driven by the victim G (n, e.g., the Defendant’s vehicle) immediately entered the said vehicle as one-lane in order to avoid the collision with the Defendant’s vehicle, and the traffic accident (hereinafter “the traffic accident in this case”).

Due to the instant traffic accident, the victim G died at the Geg University Hospital on the following day, and the victim I (n, 47 years old and 48 years old) and the victim J (n, 48 years old) died respectively, and the damaged vehicle was damaged to the extent of the repair cost of KRW 14,253,868.

C. The Defendant paid indemnity amount of KRW 209,570,160 in total to the victim side of the instant traffic accident, which is KRW 100,000,000,000, to the Hansung Insurance Co., Ltd., an insurance company of the vehicle damaged by the victim of the instant traffic accident, 2,947,160, the Defendant filed against the Defendant by the heir of Jeonju District Court 2015,57374 case.

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