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(영문) 서울중앙지방법원 2017.11.21 2017나46921

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On November 2, 2013, Plaintiff A driven the E-learning Vehicle (hereinafter “Plaintiff-Vehicle”) accompanied by Plaintiff B and C on November 11, 2013, and moved to the direction of the Plaintiff’s own vehicle on the right side of the e-learning Police Station at the right side of the e-learning intersection in the southyang-dong, Namyang-dong (hereinafter “Plaintiff-A”), and then, Plaintiff A passed to the right side of the e-learning Police Station at the right side of the e-mail. However, the e-rayed vehicle at the right side at the same direction as the Plaintiff-A-Defendant.

B. On February 4, 2015, the Plaintiffs filed a lawsuit seeking compensation for damages incurred by the said traffic accident against Hyundai Marine Fire Insurance Co., Ltd. (Seoul Central District Court 2015Da23534, hereinafter “related lawsuit”), which is the insurer of the low-priced vehicle, and the Defendant filed a lawsuit on behalf of the Hyundai Marine Fire Insurance Co., Ltd. in the relevant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion is that the plaintiffs submitted the forged photograph (No. 2-2) and false documents (No. 3-1 of the evidence) as evidence in the related lawsuit, and refused to comply with the order to submit the documents on December 15, 2016, and they committed unlawful acts by drawing the conclusion that the traffic accident is a minor accident by using the false engineering appraisal report, etc. (No. 9-1, 2, and 3 of the evidence) or destroying the statement, etc., which led to the conclusion that the above traffic accident is a minor accident, and thereby gathering the plaintiffs with a very low legal knowledge and winning them illegally. Accordingly, the plaintiffs suffered a big mental pain to the extent of their fear and psychological pressure. Accordingly, the defendant asserts that the defendant has a duty to compensate the plaintiffs for damages equivalent to the amount stated in the claim.

B. Each description and image of Gap's evidence Nos. 2, 3, 5, 7, and 10 (including paper numbers) are false or the defendant's above photograph, document, engineering appraisal report, etc. alleged by the plaintiffs.