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(영문) 서울남부지방법원 2019.12.20 2018가합105881
부당이득금
Text

1. The Defendant: (a) KRW 203,885,710 within the scope of the property inherited from the deceased B; and (b) June 2018.

Reasons

1. Basic facts

A. As an insurance company, the Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the insured with respect to the E vehicle (hereinafter “instant vehicle”) from February 26, 2015 to February 26, 2016.

B. At around 10:30 on June 9, 2015, D driven the instant vehicle and moved to the right by moving to the right side of the network B (hereinafter referred to as “the network”) which is to turn to the left from the spon two sides of the sponponpon at the intersection of the Fulpung-gu, Chungcheongnam-gun, Chungcheongnam-gun, the Chungcheongnam-do. At this time, the collision between the two wheels of the instant vehicle and the rear wheels of the instant vehicle, causing an accident that the deceased sustained an injury, such as the sponnishing sponty, etc. (hereinafter referred to as “instant accident”).

C. On June 27, 2018, the Plaintiff paid KRW 203,885,710 in total to the deceased’s medical expenses until June 27, 2018.

With respect to the instant accident against the deceased, the Plaintiff filed a lawsuit to confirm the existence of the obligation with the Daejeon District Court support 2016Kadan21073 by asserting that the Plaintiff had no liability for damages against the deceased based on the instant insurance contract. On April 26, 2018, the said court rendered a favorable judgment of the Plaintiff to the effect that “the Plaintiff’s liability for damages against the deceased based on the instant insurance contract does not exist,” and the said judgment became final and conclusive as it is, on the ground that there is insufficient evidence to prove that the instant accident occurred due to D’s negligence.”

E. On September 14, 2018, the deceased died. G, H, I, and J, among the heirs of the deceased, reported the renunciation of inheritance on December 18, 2018 by the Daejeon District Court Branch Decision 2018Ra280, and the declaration of renunciation of inheritance was accepted on December 18, 2018. The remaining inheritor, the Defendant, as the heir, reported the renunciation of inheritance on November 12, 2018.

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