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(영문) 서울중앙지방법원 2017.01.09 2016가단5225264
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 20, 2009, the Plaintiff is an insurer who entered into a contract for domestic workers’ disaster compensation insurance (hereinafter “first insurance contract”) with Sungdong-based limited liability company (hereinafter “Madong-based”) in order to compensate for damages suffered by the said company by bearing legal liability for damages exceeding the amount of accident compensation paid by the said company pursuant to the Industrial Accident Compensation Insurance Act due to occupational accidents occurred to its employees. The Defendant is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “second insurance contract”) with A on October 24, 2009 with respect to B Kadong-based vehicles (hereinafter “B insurance contract”).

B. At around 16:00 on January 8, 2010, C, who is an employee of the Sung Dong-dong area of the instant accident, fells into the floor by cutting off high voltage currents from both sides of the said steel structure at the construction site located adjacent to the said steel structure on the roof of the steel structure at a height of 6 meters above ground, and was transported from the floor to the upper part of the said steel structure on the floor by the upper part of the steel structure, with a single hand of 10 meters of length, which was transported from the floor to the upper part of the steel structure (five lines of the C-type lecture, a total weight of approximately 75 km), while the above C-type C-type C-type fells into the floor with high voltage current, depending on the high voltage line coming from the transformer line located adjacent to the said steel structure, and suffered injury, such as electricity and stress on both sides, both sides, cutting on the upper part, electricity, and stress on the 3 to 4 degrees of the upper part.

C. On August 27, 201, the Plaintiff paid KRW 257,400,000 as insurance money under the first insurance contract to C in subrogation of sexual Dong-dong on August 27, 2011.

(1) The plaintiff, who is an insurer of the second insurance contract against the defendant, shall pay to the plaintiff the total sum of KRW 180,180,000 in accordance with the legal principles of duplicate insurance and KRW 38,610,00 in total, and KRW 218,790 in accordance with the indemnity amount paid by the plaintiff as the indemnity amount in accordance with the legal principles of joint tort.

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