A. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with F in relation to G (hereinafter “Defendant vehicle”).

B. On May 30, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement (Seoul Central District Court 2018dada1762516), and the said court issued a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) to the effect that “the Plaintiff shall pay to the Defendant 73,620 won and the amount equivalent to 5% per annum from July 25, 2017 to the date of delivery of a duplicate of the complaint, and 15% per annum from the next day to the date of complete payment” (hereinafter “decision on performance recommendation of this case”). The decision was finalized on June 19, 2018.

C. On June 3, 2017, around 14:30 on June 3, 2017, the cause of the instant decision of performance recommendation lies in the Plaintiff’s bicycle riding on the right side of the road, which was temporarily stopped on the crosswalk in order to pass through a crossing near H apartment in the Gunsan-si, and the Defendant’s bicycle riding on the crosswalk to the left side, and hereinafter “the instant accident”.

The plaintiff, as the insurer, suffered from the injury of the I who was on the first rank, shall pay the amount of KRW 733,620 with the medical expenses and the amount agreed upon by the I, and shall seek the payment of the amount of indemnity under Article 682 of the Commercial Act.

‘ was the case.'

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, 4-1 to 4, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion I did not suffer any injury due to the instant accident, so compulsory execution based on the decision on performance recommendation of the instant case is unreasonable.

B. The Defendant’s assertion I suffered from the injury of the previous 2 weeks, tensions, tensions, etc. due to the instant accident, and thus, the Plaintiff is obligated to pay the amount of indemnity to the Defendant. Therefore, the compulsory execution based on the decision on performance recommendation of this case

C. (1) As to the decision on performance recommendation under Article 5-7(1) of the Trial of Small Claims Act, such as the burden of proof.