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(영문) 서울중앙지방법원 2017.07.07 2016나50244
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who concluded an automobile insurance contract with respect to C New Airport vehicles (hereinafter “Plaintiff vehicles”) with the Plaintiff as the insured, and the Defendant is the owner of D Grand Airport vehicles (hereinafter “Defendant vehicle”).

나. B은 2014. 8. 29. 10:16경 인천시 계양구 E 앞 골목길에서 원고 차량을 운전하여 후진하다가 원고 차량의 적재함에 실려 있던 알미늄 샷시 등으로 피고 차량의 좌측 부분을 충격하였다

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

The Plaintiff paid KRW 2,135,700 as the insurance money for the four-day repair costs for the left-hand slock, the left-hand slick, the left-hand slick, the upper-hand slick part, and the closure part.

The F of the Incheon Metropolitan City Branch of the Road Traffic Authority prepared a traffic accident analysis report stating that “F is likely to be destroyed due to the instant accident in light of the movement of the original Defendant vehicle, the driver’s statement,” the left-hand side of the vehicle, the left-hand side of the vehicle, and the destruction of the closure part.”

E. On June 24, 2015, the Plaintiff filed a complaint against the Defendant for insurance fraud by obtaining excessive payment of insurance money due to the instant accident, and the Prosecutor G of the Incheon District Prosecutors’ Office accused the Defendant on June 24, 2015, the Defendant received excessive payment of 696,800 won of the repair cost of the Defendant’s vehicle and acquired it by fraud, but issued a disposition of suspension of indictment on the grounds that the matter is relatively insignificant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 2, 3, 6, and 8, or the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the accident of this case caused the damage to the remainder except the Defendant’s slock, and that there was no need for borrowing and lending more than two days, the Defendant’s insurance money from the Plaintiff is the actual amount of damage.

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