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(영문) 서울남부지방법원 2016.07.05 2016가단204169
부당이득금
Text

1. The Defendant’s KRW 53,849,820 as well as the Plaintiff’s annual rate from January 26, 2016 to July 5, 2016, and the following.

Reasons

1. Facts of recognition;

A. A, around 17:53 on December 29, 201, driving a three-distance crossing without a three-distance signal, etc., located in D at the time of Gyeongsan City, at the speed of 70 to 80km per hour, depending on the southN distance from the boundary of the Agricultural Technology Center, at the speed of 70 to 80km.

At this time, A, even though there is no vehicle that sees the front left, has been able to safely drive the steering gear and brakes by accurately operating the steering gear and brakes, and has been negligent in performing the duty of care to prevent the accident due to the failure of smoke. A, in order to proceed to the left from the eside to the southN distance from the eside area, left the left and shocked the front part of the FF driver's bicycle going to the above intersection into the above intersection with the front part of the harming vehicle. As a result, F suffered injury such as the right-hand sulposis, under the right-hand sulphy, under the 8-day medical treatment.

(hereinafter referred to as “instant accident”) B.

The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with G (F) and H (G), entered into an insurer subrogation agreement that the Defendant would obtain a claim against the perpetrator in the event that the insured pays the insurance money to the insured by a special agreement on accident security by non-insurance vehicles (hereinafter “instant special agreement”). The Plaintiff entered into an automobile comprehensive insurance contract with I (C) and the insurer who entered into an automobile comprehensive insurance contract with I (C) and entered into an accident security special agreement by non-insurance vehicle (C).

According to the instant special agreement, the Defendant paid KRW 225,00,000 in total, and KRW 284,549,480 in total, as agreed upon with G with the legal representative of F (hereinafter “instant agreement”) by June 18, 2012, according to the agreement with the medical expenses until June 18, 2012.

C. From January 26, 2012 to May 31, 2012, the Defendant: (a) total sum of the liability insurance proceeds from Hyundai Marine Fire Insurance, the insurer of a sea-going vehicle, is 120,000.

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