(영문) 춘천지방법원 2017.04.06 2015가단4002

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(영문) 춘천지방법원 2017.04.06 2015가단4002

부당이득금반환

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 30,168,010 and the weight thereof:

(a)as regards 19,259,530 won;

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1, 3, 4-11, 11, 13, 13, 2-1 through 9, 2-3, and 3, and there is no reflective evidence.

The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is an insurer who entered into a comprehensive automobile insurance contract with Nonparty C vehicle owned by Nonparty B (hereinafter “instant vehicle”).

B. On March 20, 2013, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) hospitalized in the Gancheon Forest Hospital in Korea-do, where the Defendant suffered injuries, such as the pelle of the right pelle executives, the upper left pelle of the pelle, the upper left pelle of the inner and inner walls, the pelle of the inner and inner walls, the pelle of the inner and inner walls, the pelle of the inner and inner walls, the pelle of the inner and the floor, the pelle of the pelle, the four or more pelle of the pelle, the external pelle of the external pelle, the external pelle of the external pelle, the external pelle of the external pelle, the external pelle of the plele, and other damages, etc. without open address in the

C. On March 20, 2013, around 01:15, the Defendant filed a claim with the Plaintiff for insurance proceeds on the ground that the Plaintiff was placed with the rear wheels of the instant vehicle at the top of the E fireworks located in Chuncheon-si with the rear wheels of the instant vehicle. The Plaintiff paid KRW 19,259,530 with the insurance proceeds until March 4, 2014, and KRW 5,256,260 with the insurance proceeds from April 24, 2014 to March 18, 2015, respectively, and paid KRW 5,652,220 from June 19, 2015 to December 30, 2016.

2. Determination

A. The plaintiff's assertion 1 of the parties asserts that since the defendant had not been in the calendar by the vehicle of this case, the defendant should return all the insurance proceeds received from the plaintiff as unjust enrichment. In domestic affairs, even if the defendant was in the calendar by the vehicle of this case, it is merely 10% of the vehicle driver's negligence or 10% of the insurance proceeds to the plaintiff.

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