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(영문) 서울중앙지방법원 2016.05.12 2015나25722
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a guarantor entrusted by the Minister of Land, Transport and Maritime Affairs with the business of guaranteeing motor vehicle accident compensation under Article 30(1) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012; hereinafter “former Act”) pursuant to Article 45(1) of the former Guarantee of Automobile Accident Compensation Act, and the Defendant is the following B.

The insurer who entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter referred to as “Defendant vehicle”) at the time of the accident described in the paragraph.

B. At around 00:12 on August 31, 201, when driving the Defendant vehicle, and neglecting the signal, etc. of the front line to the E Hospital Scooter located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant intersection”), and making the left turn from the ecuadic area to the ecuadic area from the front line to the ecuadic area, the F suffers from the injury to the left-hand side of the instant zone, such as the instant accident, due to the collision between the front line of the Defendant vehicle and the front part of the 100cc Scooter of B driving, who was directly located at a speed of about 60 km from the ecuadic area to the ecuadic area at a speed of about 60 km from the ecuadic area to the front line to the ecuadic area. The instant accident caused the injury to the left-hand side of the instant zone, such as the instant accident.

C. The Plaintiff received a claim for compensation for damage on the ground that it is an accident-free vehicle in the instant case and received a claim for the payment of compensation from the Government pursuant to the former Self-Governing Act, and paid C totaling KRW 40,847,00,00, such as daily income, medical expenses, consolation money, etc. as insurance money under the automobile accident compensation guarantee business, until May 7, 2012. At that time, C has the relation to the perpetrator within the scope of the said damage compensation.

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