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(영문) 서울중앙지방법원 2017.02.16 2014가단5339497
부당이득금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 25,673,980, and 5% per annum from January 26, 2013 to January 16, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with C and D vehicles owned by it (hereinafter “Plaintiff-motor vehicle”).

B. The Defendants conspired in collusion, around November 27, 2012, at the window E of Changwon-si around 19:57, caused an accident in which Defendant B driven the Plaintiff’s vehicle, thereby driving the Fenz vehicle and H H column that Defendant A driven.

C. The Plaintiff paid the Defendants and G totaling KRW 25,673,980,00 to January 25, 2013, as insurance money regarding the foregoing accident.

[Reasons for Recognition] Facts without dispute (applicable only to Defendant B), Gap 1 through 6, the purport of the entire pleadings

2. According to the facts of the above recognition, the Defendants, as joint tortfeasors, are obligated to pay damages equivalent to the amount paid by deceiving the Plaintiff due to intentional traffic accidents and causing damages to the Plaintiff. As such, the Defendants, as joint tortfeasors, are jointly and severally liable to pay 25,673,980 won equivalent to the insurance money paid by the Plaintiff to the Plaintiff, as well as 5% per annum from January 26, 2013 to January 16, 2015, the day following the payment date of the final insurance money that the Plaintiff seeks, which is the date of final delivery of the complaint of this case, and 15% per annum from the next day to the day of full payment.

3. According to the conclusion, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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