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(영문) 서울중앙지방법원 2020.01.09 2017가단5217253
부당이득금
Text

1. The Defendant’s KRW 32.8 million with respect to the Plaintiff and the Plaintiff’s annual rate from November 15, 2017 to January 9, 2020, as follows.

Reasons

1. The fact of recognition ① With respect to the vehicle D (hereinafter “Plaintiff”) between Nonparty C and Nonparty C, the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with Nonparty G (hereinafter “Nonindicted Company”) with respect to the F vehicle (hereinafter “Defendant vehicle”) for the removal of food waste between Nonparty E (hereinafter “the network”). Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) is the insurer who has concluded the comprehensive automobile insurance contract with respect to H vehicle (hereinafter “Nonindicted vehicle”).

② At around 05:40 on March 24, 2017, the forest is located below the forest in the actual survey document in evidence 4-1.

As shown above, at a point of 63.7 km in the direction of transmission along the outer cycle of the Seoul, the Defendant’s vehicle driving of the Deceased is driving four lanes one way between the four-lanes in the direction of transmission.

On the ground of unknown cause, in the situation where the center separation zone was moved to the left-hand side, and the point was turned to two lanes (hereinafter “the first accident”), the Plaintiff’s vehicle of Nonparty I (hereinafter “the Plaintiff’s vehicle”), which was passing through the said point, discovered the Defendant vehicle at the right time, and checked the front part of the Defendant’s floor that was driven by the rapid operation of the vehicle (hereinafter “the second accident”), and then suspended the vehicle (hereinafter “the second accident”), and thereafter, the accident where Nonparty J’s vehicle shocked the Plaintiff’s front part of the vehicle (hereinafter “the third accident”), and the Deceased died due to the divers damage on the site of the accident.

③ 국립과학수사연구원의 부검감정서에 의하면,'중앙분리대에서 망인의 혈흔과 모발이 검출되어 1차 사고로 머리 부위 손상이 생겼을 것으로 추정되나 사망에 이를 정도였는지 판단하기는 어렵고, 망인의 몸은 피고 차량 밖 도로에 있었고 머리는 피고 차량에 압착된 상태로 발견되었는데, 망인의 몸이 튕겨 나간 직후 피고 차량에 의해 머리가 압착된 것인지, 그 뒤 원고나 소외 차량과의 충격으로 피고 차량이 밀리면서 망인의 머리가 압착된 것인지를 구분할 수는 없다

‘Written appraisal’ was made.

④ On April 12, 2017, the Defendant’s bereaved family members are KRW 200 million of the instant accident insurance proceeds.

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