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(영문) 서울중앙지방법원 2016.05.27 2015나10188
부당이득금
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Claim filed in the trial are dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the Switzerland vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the driver of the rocketing vehicles (hereinafter “Defendant vehicles”).

B. Around 17:00 on April 5, 2014, the Plaintiff’s vehicle: (a) opened the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High School (hereinafter “Seoul High School”); (b) opened the Defendant’s vehicle, waiting for signal, and opened the back end parter of the Plaintiff’s vehicle to the front parter of the Plaintiff’s vehicle.

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

The defendant from April 8, 2014 to April 15, 2014; and

4.10.1

4. 15. 15.) and Ethical hospitals ( April 9, 2014) receive medical treatment for the salt pans, tensions, and tensions, etc. of catum, and the Defendant’s wife Furburance from April 8, 2014 to April 19, 2014;

4.10.1

4.17.) and Eth ( April 11, 2014);

4. From 19.0 to 19.19.), the Defendant received treatment at G oriental medical hospitals from G oriental medical institutions from April 17, 2014 to August 19, 2014 in light of the fact that the causal link between the instant accident and the injury to the Defendant’s passenger on April 18, 2014 was not recognized in light of the agreement (hereinafter “instant agreement”) to the effect that “the Defendant fully pays the Defendant the full amount of the medical expenses paid to the hospital and the agreed amount (where agreed amount is paid)” (hereinafter “instant agreement) to the effect that: (a) the Defendant received treatment from G oriental medical institutions from April 17, 2014 to August 19, 2014.

B. A guarantee for the payment of medical expenses was received from the plaintiff.

E. From May 21, 2014 to August 5, 2014, the Plaintiff paid insurance proceeds of KRW 1,782,070 in total to the Defendant’s medical expenses in G oriental medical hospitals five times.

F. On the other hand, the National Scientific Investigation Institute requested by the Kimpo Police Station to appraise the Ediology of the instant accident, around July 2014, is likely to inflict an injury on the Defendant and the passengers of the vehicle.

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