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(영문) 서울중앙지방법원 2021.02.18 2019가단5011169
부당이득금
Text

1. The Defendant’s KRW 21,540,749 as well as the Plaintiff’s KRW 5% per annum from January 22, 2016 to February 18, 2021.

Reasons

1. Basic facts

A. The party-related Plaintiff is an insurer who has entered into a self-insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). The Defendant is a person who has repaired G vehicles damaged by the Plaintiff’s vehicle (hereinafter “victim”) under the trade name of “F” in Bupyeong-gu Incheon Metropolitan Government E while operating the automobile maintenance business.

B. On May 20, 2015, the Plaintiff entered into an automobile insurance contract with H as to the Plaintiff’s vehicle with the insurance period from May 20, 2015 to May 20, 2016, with respect to the Plaintiff’s automobile (hereinafter “instant insurance contract”). From May 20, 2015 to May 20, 2016, the Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”).

(c)

On December 11, 2015, I, the H’s child of the instant traffic accident, caused a traffic accident leading up to L while driving the Plaintiff’s vehicle on the front road located in the Young-guJ in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant traffic accident”).

(d)

The Defendant’s repair of the damaged vehicle and the receipt of insurance money 1) L requested the Defendant to repair the damaged vehicle after the instant traffic accident.

2) On December 22, 2015, the Defendant, the insurer of the Plaintiff’s vehicle, submitted a written estimate for the repair cost of the instant vehicle to the Plaintiff, where it is necessary for the Plaintiff, who is the insurer of the Plaintiff, to exchange each of the instant damaged vehicle with the front/ rear gate, the between strings, the strings, the exhaustr, the exhaustr, the three strings (after), U Twitc, and U Twitc, and the subsequent / wester, the seals of U U Trac, and U engine AS, and the 65,837,750 won (the net part 45,251,300 won, 14,601,200 won, etc.) as its repair cost.

3) The M&A corporation entrusted by the Plaintiff with the damage adjustment business does not recognize U engine AS’s “YER cost” and instead, the total amount of damages calculated by adding the amount of KRW 27,942,295 to the actual repair cost and KRW 7,132,600 for the parts and the amount of KRW 5,000 for the non-performance cost.

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