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1. The Defendants jointly share KRW 31,904,110 with respect to the Plaintiff and the period from March 4, 2016 to December 23, 2016.
Reasons
1. Facts of recognition;
A. Defendant C and A are middle school Dongs, and Defendant B was an employee at a restaurant operated by Defendant C and A as a part of the follow-up area of Defendant C and A.
나. 피고 C는 2015. 8. 28. 22:50경 이천시 증포동 증포사거리에서 E NXC125 오토바이를 운전하여 위 사거리에서 좌회전하기 위하여 1차로로 차로를 변경하면서 도로의 움푹 팬 곳을 지나며 중심을 잃고 넘어져 약 8주간의 치료가 필요한 우측 팔 개방성 골절상을 입게 되었다.
C. Defendant C was aware that it would be difficult for Defendant C to pay medical expenses and repair expenses due to the aforementioned single accident, and the Defendant A, B, and Defendant B were boarding a F Mtz car owned by Defendant A (hereinafter “instant vehicle”) for food delivery, and left to the left from the expansion distance, and did not recognize it, but did not receive it, and the Defendant C received the insurance money by receiving it falsely with the insurance company. D. The Defendant C conspired to collect the insurance money in sequential order.
On August 29, 2015, at around 13:26, Defendant A called the Plaintiff Company, the insurer of the instant vehicle, and was in charge of the receipt of the accident at the restaurant run by Defendant A, the fact that Defendant C was injured by Defendant C, even though Defendant C was injured by getting out of the lutoba, he made a false statement as if Defendant B caused the accident.
E. Accordingly, the Plaintiff paid a total of KRW 41,904,110 from September 21, 2015 to March 4, 2016 as the insurance money for the said false accident.
F. Since then, the Plaintiff filed a criminal complaint against the Defendants, and the Defendants were indicted for fraud due to the aforementioned criminal facts and were sentenced to each conviction.
(F) The defendant A, in the course of the above criminal trial, shall be the plaintiff. (F) The defendant A, in the course of the above criminal trial, shall be the defendant.