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(영문) 서울행정법원 2018.02.23 2017구합71970
부당이득금 환수처분무효확인 등 청구의 소
Text

1. Recovery of unjust enrichment as stated in [Attachment I] List 1 to 19 from among the ancillary claims of this case.

Reasons

1. Details of the disposition;

A. On January 4, 201, around 15:30, around 15:30, D18 tons truck (hereinafter “instant truck”) being driven by C, which was driven by C, while proceeding in line with B high-speed car (hereinafter “instant vehicle”) driven by C, which was driven by the Plaintiff, on the side of the south, from the south lust area, at the 24th line of the national highway line (hereinafter “instant road”) adjacent to C, at the entrance of Yari-ri, the entrance of Yari-ri, a mountain-si (hereinafter “instant road”).

(hereinafter “instant accident”). (b)

The Plaintiff suffered from the injury of the Plaintiff, such as climatic cerebral cerebrovascular, etc. due to the instant accident, and received insurance benefits from the Defendant thereafter.

C. Although the Plaintiff was sent to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the prosecutor of the Changyang Branch Office's Office held a non-prosecution disposition of suspension of indictment against the Plaintiff on April 27, 2012, on the ground that "the case where three winners of the instant accident were killed and injured, etc. requiring four weeks' medical treatment, but three winners of the deceased are the Plaintiff's wife and children, and C's personal and material damage was recovered by the automobile insurance to which the Plaintiff was admitted, and there was a large number of snows before the occurrence of the instant accident, and the road was destroyed at the time of the instant accident, etc. shall be considered."

Based on Articles 53(1)1 and 57(1) of the National Health Insurance Act, the Defendant issued a disposition to recover a total of KRW 79,330,590, as stated in the separate sheet No. 1 (hereinafter “each disposition of this case”) to the Plaintiff for unjust enrichment on the ground that “the instant accident was caused by the gross negligence of the Plaintiff’s central crime of aggression” (hereinafter “the instant accident”), and the Plaintiff paid a total of KRW 79,330,590 to the Defendant, as shown in the separate sheet No. 1. 79,30,590.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings.

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