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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract including a special agreement on automobile injury security with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. On January 29, 2019, around 18:56, the Defendant’s vehicle parked in the front body of the Plaintiff’s vehicle while driving a three-lane near the Gidong-gu, Gangnam-gu, Seoul, in the vicinity of the Girogic IIC, the lower part of the Plaintiff’s vehicle parked in the front body.
(hereinafter referred to as “instant accident”). C.
By April 24, 2019, the Plaintiff paid KRW 1,483,760 (including expenses incurred in ex post facto demand 35,000) to E, a driver of the Plaintiff’s vehicle, in total, for medical expenses and agreed fees incurred in drilling, scare salt, tensions, etc. (including expenses incurred in ex post facto demand).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 5, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff is liable to pay the above insurance money, since E suffered injury due to the accident of this case caused by the negligence of the defendant vehicle.
On the other hand, the defendant asserts that the accident of this case is insignificant and that E suffered injuries due to the accident of this case in light of traffic accident analysis results, etc.
B. The following circumstances that can be acknowledged by comprehensively taking account of the evidence and the purport of the entire pleadings, i.e., ① the impact of the instant accident occurred during the vehicle’s body at the time, which appears to be somewhat insignificant, but are likely to have been transmitted to E. ② The E visited the hospital on the date of the instant accident, received medical treatment, was diagnosed with the climatic, spathy, and tensions, ③ in the event of the instant accident, the fluoring and spathical fluoring, etc., and the fluoral fluoring and spathical fluoring, etc., by responding to unexpected s