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(영문) 서울중앙지방법원 2017.08.08 2015가단5307152
부당이득금
Text

1. As to each motor vehicle accident listed in the separate sheet Nos. 1 and 2, the Plaintiff’s obligation to pay insurance money to the Defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into an automobile comprehensive insurance contract with respect to the instant vehicle B Sejong (hereinafter “instant vehicle”) owned by the Defendant with respect to the insurance period from April 29, 2011 to April 29, 2012, with respect to which the collateral was indicated as an injury by motor vehicle, etc.

B. On October 4, 2011 and April 29, 2012, the Defendant driven the instant vehicle, and on October 4, 201, as indicated in [Attachment List 1 and 2], caused two accidents (hereinafter “the first accident”), such as “the first accident”; and on April 29, 2012, the second accident was referred to as “the second accident”; and all the said accidents were referred to as “each of the instant accidents”).

C. After the occurrence of each of the instant accidents, the Defendant received medical treatment at a hospital, and on February 7, 2013, between the Plaintiff and the Plaintiff, the Defendant received KRW 15 million as to “all legal damages, including falsified materials and disability loss profits,” and did not raise any objection. However, the Defendant entered into an agreement with the Plaintiff to not include the injury insurance proceeds, and received KRW 15 million from the Plaintiff.

(F) There is no dispute between the parties in regard to the fact that the above insurance proceeds refer to "the cost of after-the-counter treatment" that may arise after the formation of the agreement (hereinafter referred to as "the agreement in this case").

After the occurrence of each of the instant accidents, the Defendant continued to receive medical treatment at G Gwon via C Hospital, D Hospital, E Hospital, F Hospital, etc.

E. Before the agreement of this case, the Plaintiff paid the Defendant’s total of KRW 6,621,890 (the total of KRW 2,553,250 + the total of KRW 4,068,640 + the total of KRW 4,068,640 for the treatment costs of the second accident). From that to July 5, 2017, the Plaintiff paid the Defendant total of KRW 52,850,340 [the total of KRW 44,057,450 for the first accident treatment costs of KRW 47,462,09 (the total of KRW 47,462,090 for the confirmation of the payment of KRW 6 for the first accident insurance proceeds of KRW 44,90,908,840 for the remainder, as claimed by the Plaintiff, shall be recognized as the above amount.

) + Medical expenses of the secondary accident + KRW 8,792,890).

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