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(영문) 서울중앙지방법원 2016.02.16 2015가단93786 (1)
청구이의
Text

1. Compulsory execution against the plaintiff by this court against the plaintiff is 31,003.

Reasons

1. Facts of recognition;

A. The Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with A and B dump trucks from November 11, 201 to November 11, 2012. The Plaintiff is a company that received joint payment with Hyundai Construction Co., Ltd.

B. On December 14, 201, A around 16:30 on December 14, 201, around 16:30, he caused an accident that dump truck sp trucks sprinks at the construction site (hereinafter “instant accident”) with the rear wheels of the instant dump truck, which was mistakenly calculated.

C. The Victim F suffered injury, such as the right stroke, which requires eight weeks’ medical treatment, due to the instant accident. The Defendant paid the Victim KRW 56,348,090 to the victim on March 26, 2014.

On January 20, 2015, the Defendant filed a payment order with the Seoul Central District Court No. 2014 tea6243, the Defendant (the Plaintiff of this case) issued the payment order to the Plaintiff (the Plaintiff of this case) to pay 56,348,090 won per annum from March 27, 2014 to January 28, 2015; and 20% per annum from the next day to the day of full payment (hereinafter in this case, the instant payment order); and the said payment order was finalized on February 11, 2015.

E. The Defendant collected KRW 62,07,051 as the executive title of the instant payment order, KRW 62,07,051 as the claimed amount, KRW 31,00,000, and KRW 525,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 2, the purport of the whole pleadings

2. Determination

A. In a lawsuit of demurrer 1 as to the part of the claim objection, the burden of proof as to the grounds for objection is also in accordance with the principle of allocation of the burden of proof in general civil procedure, and thus, the objection is raised.

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