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(영문) 서울중앙지방법원 2014.09.05 2014가단5059395
부당이득금
Text

1. The Defendant’s KRW 37,678,780 and KRW 25,387,660 among the Plaintiff and KRW 5% per annum from March 6, 2014 to March 14, 2014.

Reasons

1. Basic facts

A. The Plaintiff concluded an automobile comprehensive insurance contract with respect to the non-party C vehicle owned by the non-party B (hereinafter “Plaintiff”).

B. On October 16, 2013, the Defendant driven a D vehicle (hereinafter “Defendant vehicle”) on October 16, 2013, while driving a 404 road in the direction of gold on the shill road at the shill road in Namyang-si, Nam-gu, Namyang-si, the Defendant shocked the Plaintiff’s vehicle of Nonparty E driving who left the left at the shill road due to the negligence of straight failure in violation of the signal even though the traffic signal at the time was red signaled.

(hereinafter “instant accident”). C.

Article 11 (Advance Payment to Victims) (1) Where a policyholder, etc. has caused the death or injury of another person due to the operation of a motor vehicle, the victim may request the relevant insurance company, etc. to pay the full amount of motor vehicle insurance medical fees, and the amount of money prescribed by Presidential Decree for other insurance money, etc. prescribed by Presidential Decree as advance payment to pay the insurance money, etc. under Article 10, as prescribed by Presidential Decree, until the medical treatment is clearly determined as to whether or not the negligence of the instant accident is attributable to the previous hospital of the Korea National University.

(2) Where an insurance company, etc. receives a request under paragraph (1), it shall pay advance payment within the period prescribed by Ordinance of the Ministry of Land,

④ Where it is found that the policyholder, etc. has no liability for damages after advance payment has been made under paragraph (2), the insurance company, etc. may demand the person who has received such advance payment to refund the amount paid. Based on the provision on advance payment, the insurance company, etc., requested the Plaintiff to guarantee the payment of the hospital medical expenses, and paid KRW 387,660 to the Plaintiff, as the advance payment, and paid KRW 12,291,120 from the Plaintiff.

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