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1. A traffic accident occurred around 13:30 on November 26, 2013 in the vicinity of the same Dong-dong, Gangnam-gu, Seoul.
Reasons
1. Basic facts
A. The Plaintiff entered into a mutual aid agreement with B and Csi (hereinafter “Plaintiff taxi”).
B. A around 13:30 on November 26, 2013, at the south of the same school located in the pressure-gu Seoul, Gangnam-gu, Seoul, Dong-dong, Dong-dong, where the two-lane of the three-lane of the three-lane of the three-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the vehicle driven by the Defendant (hereinafter “Defendant vehicle”).
(hereinafter referred to as “the instant accident”). C.
The Plaintiff paid KRW 348,00 at the repair cost of the Defendant’s vehicle, and the Defendant received a outpatient treatment on the grounds of drilling and scopical salt, etc. from December 2, 2013 to February 28, 2015, the Plaintiff paid KRW 5,291,840 in total as the medical expenses from June 4, 2015.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 7, purport of whole pleadings]
2. Judgment on the parties’ assertion
A. Since the Defendant received treatment irrelevant to the instant accident due to the Plaintiff’s minor assertion, the medical expenses paid by the Plaintiff should be returned in unjust enrichment.
Since the Defendant’s negligence is at least 30%, only 175,000 won (i.e., consolation material 250,000 won x 70% of the Plaintiff’s liability ratio) can be recognized as consolation money for the clifal and the clifal base. Considering the Defendant’s negligence in the treatment expenses paid by the Plaintiff, there is no obligation
B. As of January 18, 2015, the Defendant’s assertion that the actual number of days of outpatient treatment is 272,00,00 consolation money and transportation expenses 2,176,000 won due to outpatient treatment (i.e., daily KRW 8,000 x 272 days).
C. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, claims first and denies the fact that the cause of the obligation occurred by specifying the claim, the defendant, the creditor, is about the elements of the legal relationship. In other words, in the case of damages caused by tort, positive, passive, and consolation money according to the three-minute theory.