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(영문) 서울중앙지방법원 2015.10.30 2014나59094
구상금
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The Plaintiff’s claim against the Defendants is dismissed in entirety.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

Defendant A, in collusion with Defendant B, Co-Defendant C, D, E, and F on September 27, 2003, in order to take the front of the non-luminous distance near the non-luminous-dong non-scheduled Elementary School in Eunpyeong-gu Seoul on September 18, 2003, Defendant A, the driver of the harming Vehicle, the driver of the harming Vehicle B, the driver of the harming Vehicle B, the driver of the harming Vehicle C, the driver of the harming Vehicle C, the F, and D shared the role of the harming Vehicle, and the driver of the harming Vehicle C, the driver of the harming Vehicle C, the harming Vehicle F, and the driver of the harming Vehicle D intentionally caused the accident by intentionally receiving the front portion of the HM5 Vehicle driven by E while driving the Gapp vehicle and making the

B. Although the Defendants did not have any particular injury due to the above accident, C, E, and F were to receive insurance money from the Plaintiff, the Defendants were to receive KRW 4,614,00 and KRW 3,250,00 from the Plaintiff as insurance money, and they were to receive the insurance money from the Plaintiff, by receiving each false diagnosis letter stating that the Defendants were hospitalized in the International Medical Service Corps, and D was committed as if they were to have suffered any injury due to the above traffic accident, and the doctors in charge were to have been hospitalized in the K Council, and due to the occurrence of the injury, such as c, E, and F, and the Defendant A received KRW 3,250,00 from the Plaintiff.

C. The Defendants and the co-defendants of the first instance court were indicted on October 5, 2007 (Seoul Western District Court Decision 2007Da16700) on the grounds of criminal facts, such as defraudation of the above insurance money against the Plaintiff, and a summary order of KRW 5,00,000 was finalized on December 15, 2007.

On October 31, 2003, the Plaintiff paid KRW 3,250,000 to Defendant A, and KRW 4,614,000 to E on November 6, 2003, respectively, with the insurance proceeds from the foregoing accident.

2. Assertion and determination

A. According to the above fact-finding on the ground of the claim for damages arising from a tort, the defendants as joint tortfeasor and the plaintiff 7.

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