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(영문) 서울중앙지방법원 2015.10.14 2015나9805
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 1,192,140 for the Plaintiff and its related expenses from June 27, 2014 to November 2014.

Reasons

1. Basic facts

A. On March 10, 2014, around 14:30, an accident occurred that the Defendant, who was in the signal atmosphere, was driving by B in the vicinity of the Seoul Arts Center located in the Seoul Arts Center located in Ansan-si (hereinafter “Plaintiffs”). Around March 10, 2014, the Defendant, who was driving in the signal atmosphere, contacted the back part of D Lasta taxi (hereinafter “Defendants Vehicle”).

(hereinafter referred to as “instant accident”). (b)

The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s automobile.

On March 27, 2014, the Defendant asserted that he/she sustained injury due to the instant accident, and issued a medical certificate of injury that he/she is required to receive at least two weeks of medical treatment at the Ansan Industrial Complex of the Korea Workers' Compensation and Welfare Service (Korea Workers' Compensation and Welfare Service) on March 27, 2014, in which he/she received medical treatment from the said hospital and the Seodaemun Medical Consumer Cooperative, and the Plaintiff paid KRW 1,192,140 in total as the medical expenses of the Defendant from April 23, 2014 to June 26, 2014.

C. Regarding the instant accident, the National Institute of Scientific Investigation conducted an appraisal on the possibility of injury to the Defendant’s driver of the instant motor vehicle by using the accident records, the Plaintiff’s pictures, etc., and the main contents of the appraisal results are as follows.

(1) In light of the fact that significant garment, transformation, etc. is not recognizable on the back part of the back part of the rocketing Gun, which was presented as shocked, it is determined that the shock force delivered to the rocketing cab at the time of the accident was weak. (2) The cause of the vehicle being transported to the rocketing cab at the time of the accident is urgent when the vehicle is shock, and the body of passengers is rapidly changed, so it is known that the vehicle was damaged by suck, vises, and vises, etc. at the end of the border, and that the speed change of the vehicle being towed in the ordinary rear wing cab is less than 8km/h.

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