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(영문) 서울동부지방법원 2018.11.30 2018나22611
부당이득금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to C vehicles owned by B (hereinafter “Plaintiff vehicles”).

B. On March 27, 2017, the Defendant driven D Oba (hereinafter “Defendant Oba”) around 21:45, and went through the intersection after the intersection was changed to the red signal, even though the signal at the front side of the intersection was changed to the yellow signal, while driving along the DOba (hereinafter “Defendant Oba”) from the direction of COba in Seongdong-gu Seoul to the ebba-distance distance from the side of COba-gu Seoul to the two-lanes.

At that time, the plaintiff Madon vehicle, when waiting to make a U-turn at the front side of the vehicle located on the front side of the vehicle located on the right-hand turn and U.S. at the one-lanes where the right-hand turn-hand turn-hand turn-hand turn-on is located on the opposite lane (the right-hand turn-on distance on the front side of the U.S.). The plaintiff Madon vehicle, when the green signal was stopped on the front side of the front side of the U.S. vehicle, was driven by the front-hander of the plaintiff her vehicle over the center line.

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

The Defendant suffered injury from the instant accident, such as “overward and fixed string, day-to-day salkeing, becoping, becoping, open, etc.” and “on the left side strings and the loss of the annual organization parts, etc.,” and received treatment, such as “overboard and fixed string, day-to-day salkeing, becoping, freeboard, etc.,” at the Korea-Japan Affiliated Hospital, etc.

From June 1, 2017 to October 11, 2017, the Plaintiff paid the Defendant’s medical expenses totaling KRW 27,985,564 (hereinafter “the instant insurance proceeds”) to the hospital affiliated to the Hanyang-gu Branch, etc. (hereinafter “instant insurance proceeds”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 6 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The instant accident of Plaintiff 1’s primary claim does not stop in yellow No. 1.

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