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(영문) 서울중앙지방법원 2016.08.19 2015나15992
부당이득금반환등
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff, Defendant A, Defendant A, Defendant B, Defendant B, Defendant B, KRW 1,140,000, and Defendant C, Defendant C, 1,130.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an automobile insurance contract with G and H vehicles owned by G (hereinafter “Plaintiff-owned vehicle”) with the content that guarantees damage caused by traffic accidents that occur by chance while operating the Plaintiff’s vehicle. The period of insurance is from June 13, 2006 to December 24:00 (hereinafter “instant insurance contract”).

B. On December 10, 2006, around 19:30 on December 10, 2006, there was an accident in which Defendant A, who was making a sudden stop in front of the Jinju-gu Incheon Bupyeong-gu Office I, contacted the Plaintiff’s vehicle (hereinafter “Defendant vehicle”) (hereinafter “instant traffic accident”).

Defendant B, C, D, E, F, and Nonparty L are the passengers of the Defendant vehicle at the time.

C. The Defendants claimed insurance proceeds from the instant traffic accident against the Plaintiff, the insurer of the Plaintiff, and on December 13, 2006, the Plaintiff paid KRW 2,370,000 in total to Defendant A for hospital treatment expenses, agreement fees, automobile repair expenses, and vehicle rent expenses. On the same day, the remaining Defendants paid KRW 1,140,00 to Defendant C for hospital treatment expenses, KRW 1,130,000 for Defendant C, KRW 1,140,00 for Defendant D, KRW 1,135,00 for Defendant E, KRW 1,135,00 for Defendant F, and KRW 1,140,00 for Defendant E for 1,135,000 for Defendant F, and KRW 1,140,00 for the aforementioned L.

However, the instant traffic accident is a traffic accident resulting from the method of causing the vehicle following the vehicle by intentionally undergoing a sudden balke in the case where the following vehicles are close along with the Defendants, L, etc. for the purpose of receiving insurance proceeds, and it is revealed that the instant traffic accident was an insurance fraud that was committed by the insurance company after being hospitalized at the hospital by pretending to be injured despite a minor traffic accident, and obtained the insurance proceeds as agreed money and medical expenses from the insurance company.

L was sentenced to imprisonment for 8 months in the case of fraud in the Incheon District Court 2009 Highest 2324 due to the above criminal facts, and appealed against this.

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