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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with the E Co., Ltd. and D business-use taxi (hereinafter “second-use taxi”).
B. At around 01:20 on April 4, 201, the Defendant: (a) caused an accident on the part, etc. on which the part on the right side of the first vehicle was intentionally taken place on the road at the main Nuridong-gu, Daegu-gu, Daegu-gu, and the part on which the second vehicle was located at the middle of the dead Nuridong-gu, and (b) received from the Plaintiff KRW 700,000 on April 12, 201 as agreed money; and (c) around 00:50 on June 13, 2011, the Defendant received KRW 80,000 on June 23, 201 from the Plaintiff for an agreement on June 23, 2011.
C. The defendant B.
In the process of receiving insurance money by intentionally inducing a number of traffic accidents, including the accidents described in paragraph (1), and threatening the employees of the insurance company including the plaintiff, the conviction was finalized as a violation of the Punishment of Violences, etc. Act (joint conflict), public conflict, or fraud.
(The grounds for recognition) The fact that there is no dispute, the entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings, as a whole, by the Daegu District Court (2014 Godan5810, Daegu District Court 2015No2095, Supreme Court Decision 2015Do18694).
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant intentionally paid the insurance money under the pretext of agreement, by threatening the employees of the plaintiff company, etc. This constitutes a tort against the plaintiff. Thus, the plaintiff is obligated to pay 1,800,000 won as compensation for damages caused by the tort and damages for delay.
Although the defendant asserts to the effect that there is no intentional tort such as causing traffic accidents, the facts recognized in the judgment of related criminal cases are special.