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(영문) 서울중앙지방법원 2017.09.14 2016가단5044533
채무부존재확인 및 부당이득반환 청구의 소
Text

1. Of the instant principal lawsuit, the Plaintiff (Counterclaim Defendant)’s unjust enrichment of KRW 7,000,000 against the Defendant (Counterclaim Plaintiff) shall be returned.

Reasons

1. Facts of recognition;

A. On November 14, 2013, the Plaintiff entered into a comprehensive motor vehicle insurance contract with the Defendant regarding the motor vehicle owned by the Plaintiff with the insurance period from November 19, 2013 to November 19, 2014. This insurance includes a contract under which the maximum of KRW 200 million per person per insured (including the parents of the insured) is the insurance amount for the injury caused by an non-insurance motor vehicle. The Defendant’s insurance clause related thereto (hereinafter “the instant insurance clause”) provides that the amount calculated by the standard for the payment of the insurance amount shall be paid as the insurance amount after deducting a certain amount of “amount of deduction” from the sum of “amount calculated by the standard for the payment of the insurance amount” and “expenses”. Here, the scope of the amount of deduction includes “amount of damages already paid by the insured from the liable for compensation.”

B. On March 15, 2014, the Defendant’s Intervenor (hereinafter “Supplementary Intervenor”) caused an accident (hereinafter “instant accident”) that caused serious injury to the deceased, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon, etc., by shocking the network C (hereinafter “the deceased”) in the process of driving the D vehicle on the road where the Defendant’s auxiliary apartment was located near the KSC apartment No. 4-ro 13:50, 2014, and the Deceased died on November 14:05, 2014, while receiving treatment at the hospital.

C. On April 15, 2014, the time before the death of the deceased, the Plaintiff entered into a criminal agreement with the assisting intervenor on behalf of the deceased regarding the criminal liability of the assisting intervenor arising from the instant accident: (i) the victim receives 30 million won as legal compensation from the perpetrator; and (ii) deducts the above 30 million won from the total non-life-free injury indemnity amount that is later claimed against the perpetrator; and (iii) the victim made a criminal agreement that the perpetrator does not want criminal punishment (hereinafter “the first agreement”).

After the first agreement of this case, the first agreement of this case is followed.

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