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(영문) 광주지방법원 2015.09.23 2015가단514167
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,259,520 as well as its full payment from April 18, 2015.

Reasons

1. Facts of premise;

A. On November 21, 2014, the Defendant driving the Orabab on the 05:39 on November 21, 2014, passed the intersection in front of the Daeju District District to the Seoju-dong from the side of the Gwangju District Police Agency. B, while driving a car with body C and driving the said intersection to the Seoju District Police Agency from the side of Gwangju Metropolitan City, the said intersection conflicts with the said car and the above Orabababa, thereby causing injury to the Defendant, such as blood transfusion under the flabababa.

(hereinafter “instant accident”). B.

The Plaintiff is an insurer who entered into a comprehensive insurance contract for the said car. The Plaintiff paid each of the Defendant’s medical expenses of KRW 14,66,680 on February 4, 2015, KRW 269,950 on March 25, 2015, and KRW 10,989,570 on April 2, 2015.

C. On March 20, 2015, the Defendant returned KRW 14,666,680 out of the medical expenses paid by the Plaintiff to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Each judgment on the principal lawsuit and counterclaim claim

A. The driver of a vehicle driving along an intersection where traffic is controlled by one signal, etc. as to whether the traffic is negligent in passing through the intersection B, is sufficient to ensure that other vehicles are believed to comply with traffic regulations and take appropriate measures to avoid any collision, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of the accident in advance, even if other vehicles violate the traffic regulations and are expected to pass along the course of the vehicle, or are expected to pass along the vehicle, and even if the vehicle is a driver of a vehicle driving in compliance with the signal, there is another vehicle already entering the intersection.

I found that the other vehicle is continuing to proceed by entering the intersection immediately after the signal of its direction was changed to a stop signal from the direction to the stop signal.

or otherwise. In any other case,

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