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(영문) 서울중앙지방법원 2017.11.02 2017가단5089090
부당이득금
Text

1. The Defendant’s KRW 41,066,050 for the Plaintiff and 5% per annum from February 14, 2017 to November 2, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement that compensates for losses caused by the death or injury of another person due to the operation of the Plaintiff taxi with respect to the C Private Taxi owned by B (hereinafter “Plaintiff taxi”), and the Defendant (D) operates Obane (hereinafter “Defendant Obane”).

Plaintiff

A person who is receiving medical treatment by suffering from injury in conflict with a taxi.

B. On April 29, 2016, at around 15:50 on the 15:50 side of the Incheon Hydrological basin, Plaintiff taxi left the left pursuant to the new subparagraph from the central market room to the north square of the Dong Inncheon-gun Station, and caused Defendant Otoba, who opened the crosswalk without permission, in violation of the signal from the north square of the Dong Inncheon-gun Station to the north square of the Dong Inncheon Station (hereinafter “instant accident”). Accordingly, the Defendant suffered injury, such as an injury, etc. (hereinafter “the instant injury”).

C. By February 14, 2017, the Plaintiff paid KRW 76,066,050 for the Defendant’s medical expenses to the hospital that guaranteed payment.

On the other hand, the defendant was suffering from the injury of this case, and was hospitalized until now at the time, and was judged as having a high level of recognition disorder and necessary to assist others in the entire area when performing daily life action, and was judged as having a 1st degree of brain-disease disorder.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 and Eul evidence 3, 4, and 5 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the accident of this case occurred from the whole negligence of the defendant, and sought the return of KRW 76,066,050 paid to the defendant as medical expenses.

B.(1) Liability for damages.

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