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(영문) 서울중앙지방법원 2015.07.09 2015나11136

손해배상(기)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph (1);

Reasons

1. According to the records of this case, when the complaint against the defendant was sent to C at the time when the defendant was permanently present at his/her domicile on his/her resident registration, the court of first instance rendered a judgment in favor of the plaintiff on May 9, 2014 after serving the complaint of this case and the notice of the date of pleading on May 9, 2014, and served the plaintiff on the same day. The above certified copy of the judgment also served on the defendant on the service on the defendant on May 15, 2014. On the other hand, the defendant was issued the certified copy of the judgment of the first instance court on January 30, 2015. According to the above facts, according to the above facts, the defendant could not observe the period of appeal due to a cause not attributable to himself/herself, and thus the defendant's filing of the appeal of this case from January 30, 2015 to February 9, 2015, which became aware of the progress and result of the lawsuit of the first instance.

2. Judgment on the merits

A. (1) The Plaintiff is an insurer that entered into an automobile insurance contract with respect to D New X-ray vehicles owned by the Defendant of the insured, setting the insurance period from August 16, 2006 to August 16, 2007.

(2) On November 8, 2006, the Defendant made a false report to an insurance company as if there was a traffic accident with Defendant B, E, and F, and applied for the payment of insurance money by filing a false insurance accident report with the Plaintiff around November 11, 2006, stating that “A Codefendant B of the first instance trial was aboard the above vehicle, and the Defendant applied for the payment of insurance money by filing a false insurance accident report with the Plaintiff on November 8, 2006.”

(3) The plaintiff as an insurer of the above insurance contract until November 24, 2006, is F with insurance money in the name of compensation for personal injury and physical damage caused by a car accident until November 24, 2006 = 7,381,140 won = 1,481.