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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).
B. On May 8, 2015, at around 09:05, the Plaintiff’s vehicle at the intersection of yellow on and off-off, etc. in the vicinity of the World Real Estate Agent C in Daejeon Seodong-gu, caused an accident in which the Defendant’s vehicle was at the center line and left left to the left to enter one lane among the two-lanes of the width of the Ywon University, and the Defendant’s vehicle, which was straighten from the direction of the Road Traffic Safety Management Corporation, was at the right angle in the direction of the driver’s seat of the Defendant’s vehicle in the direction of the Road Traffic Safety Management Corporation, and the Defendant’s vehicle was sealed to the right right side, and the signal pole was at the front part of the steering side of the Ywon-gu, and the signal pole was received (hereinafter “instant accident”).
C. From July 1, 2015 to February 2, 2017, the Plaintiff paid KRW 11,116,800 in total due to the medical expenses, repair expenses, and agreement fees, etc. of the Defendant driver of the instant vehicle due to the instant accident.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case is unlawful, since the plaintiff filed a claim in installments for the purpose of receiving the application of the Trial of Small Claims Act.
The provisions of Article 5-2 (Restriction on Partial Claim) of the Trial of Small Claims Act (1) shall not be divided for the purpose of receiving the application of the Trial of Small Claims Act, and only part of the claim shall be requested.
(2) A lawsuit violating the provisions of paragraph (1) shall be dismissed by judgment.
Article 5-2 of the Trial of Small Claims Act is one of the claims under substantive law.