1. The defendant's KRW 32,788,670 and as to the plaintiff, 5% per annum from November 6, 2020 to January 19, 2021, and the following.

Basic Facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement on the instant taxi (hereinafter “instant taxi”), and the Defendant is a passenger who was on board the instant taxi around June 8, 2013.

B. The defendant was on board the taxi of this case

On June 8, 2013, around 23:40, there was an accident in which the instant taxi and the F taxi were concealed from the E-ray located in Western-si D (hereinafter “instant accident”). 【The ground for recognition】 The entry of evidence No. 1 and the purport of the entire pleadings

2. Judgment on the plaintiff's assertion

A. The Defendant asserted that the Defendant was injured by the instant accident, and received a mutual aid amount of KRW 34,316,010 from the Plaintiff, but did not have any relation with the Defendant’s injury between the instant accident and the Defendant’s injury.

Therefore, the defendant, without any legal ground, has received the mutual aid money from the plaintiff and received the same amount of the same, and thereby has inflicted damages on the plaintiff equivalent to the same amount of the mutual aid money. Therefore, the plaintiff is obligated to return unjust profits equivalent to the mutual aid money to the plaintiff.

B. 1) In relation to the instant accident, the Defendant was diagnosed and treated by the hospital as follows.

(1) On June 8, 2013, the day of the instant accident, the Defendant hospitalized at G Hospital on June 8, 2013, and was discharged from the hospital upon receiving medical treatment by June 22, 2013 (hereinafter “the first hospitalized treatment”).

(2) On June 27, 2013, the Defendant was hospitalized through a medical corporation’s emergency room on the ground that the walking is difficult due to the pains of both dogs and grouts, and even if the Defendant was hospitalized by the medical corporation until July 10, 2013, the Defendant did not have any special safeguard.

On July 10, 2013, the above hospital diagnosed the Defendant’s name of the Defendant’s disease as the bend salt base and both sides of the bend salt base (the Defendant stated that the pain remains after the instant accident, and the above hospital stated that the conditions of the first diagnosis cannot be known because it did not provide medical treatment immediately after the instant accident). (3) On July 26, 2013, the Defendant is unstable in the left side at the medical corporation H on July 26, 2013.