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(영문) 서울중앙지방법원 2015.01.30 2012가단189150
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

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

B. On October 2, 2010, around 21:17, when the driver of the Defendant’s vehicle G drives the said vehicle on the first line of the F hotel located in the EF hotel, and drives the said vehicle at the front line of the funeral distance from the old funeral distance room, H, the driver of the Plaintiff’s vehicle, entered the road to cross the direction of the station at the I restaurant parking lot located in the E in the e in the e in the e in the e in the e, and without discovering the Defendant vehicle, conflict with the part of the Plaintiff’s vehicle with the front line of the Defendant’s vehicle (hereinafter “instant accident”).

C. K, as a result of the instant accident, was suffering from serious injury to the Plaintiff’s vehicle, such as falling short of the Plaintiff’s cerebral resistant damage, thalvathosis, thalthrosis, thalthrosis, stalthrosis, both sides, and waste stale, etc., and due to the pedestrian disability, such as walking disability, thalthal disability, verbal disability, recognition function degradation, and light balthrosis and light balone movement restriction, etc. (permanent disability).

From November 29, 2010 to April 17, 2012, the Defendant paid KRW 69,781,810 to K’s medical expenses, and KRW 94,685,00 for the purpose of daily income, future treatment expenses and consolation money, etc., respectively. The Plaintiff paid KRW 458,300 to the insured on December 31, 2010 as liability insurance (personal compensation I). On the other hand, the Defendant paid KRW 19,541,70 (personal compensation) to the Defendant on January 28, 2011 in response to the Plaintiff’s claim, and paid KRW 94,685,000 to the Defendant on June 26, 2012, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Before the gist of the Plaintiff’s assertion, K accepts A.

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