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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is an insurer who has concluded a comprehensive personal automobile insurance contract with respect to a vehicle C owned by Defendant A (hereinafter “instant vehicle”) from June 24, 2015 to June 24, 2016.

B. Around July 23, 2016, Defendant A reported an insurance accident (hereinafter “instant insurance accident”) to the Plaintiff with the following purport: (a) around 09:30 on June 9, 2016, Defendant A visited the panel while leaving the instant vehicle in Hanam-si, Hanam-si, at the Hanam-si, after having contacted the panel; and (b) Defendant B was injured by a distance from the Defendant B working on the bridge after having contacted the wall.

C. From August 19, 2016 to March 3, 2017, the Plaintiff paid KRW 12,170,220, the sum of Defendant B’s medical fees of KRW 12,370,220, and medical advisory fees of KRW 200,00 as insurance proceeds.

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

2. According to the Plaintiff’s argument engineering analysis and appraisal, the instant insurance accident cannot occur; the Defendants’ statements are not consistent; the Defendants’ statements on the entry direction of the instant vehicle are written; Defendant A received the insurance after 46 days from the occurrence of the instant insurance accident; Defendant A also scrapped the instant vehicle; the location of the accident was extinguished; and the part related to the instant traffic accident on the medical record area was not mentioned; etc., Defendant B’s injury is a non-motor vehicle insurance accident in which the Defendant A was able to perform the work and/or the work of the Defendant A; and there was no omission that the instant insurance accident occurred.

Therefore, the Defendants were jointly and severally liable to pay to the Plaintiff KRW 12,370,220 and delay damages therefrom, inasmuch as the Defendants did not have any occurrence of the instant insurance accident.

3. Determination

A. Facts of recognition 1) Hanam-si, the place where the instant insurance accident occurred, is 1,434 square meters, and A Dong (100 square meters), B Dong (100 square meters), and C Dong (70 square meters) on the ground.