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1. Revocation of the first instance judgment.
2. On November 30, 2013, C Driving is D in the vicinity of the 1-dong Station in Gangnam-gu, Seoul, the 1-dong Station.
Reasons
1. Basic facts
A. For E and D vehicles, the Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with F, the mother of E, and with the insurance period from October 8, 2013 to October 8, 2014, as indicated in the attached Form, with respect to which the insurance period is from October 8, 2013.
B. C, which is a fraud of the husband interest F, was driven by the Defendant as the front part of the foregoing vehicle while driving a D vehicle around 16:10 on November 30, 2013, while driving a road located in front of the exit 6 in the 1st calendar calendar of Gangnam-gu Seoul, Gangnam-gu, Seoul.
G Vehicles received the rear part of the G Vehicle, and due to its shock, the above vehicle of the Defendant Driving was in front thereof.
H Vehicles were received (hereinafter “instant accident”). C.
On November 30, 2013, the date of the instant accident, the Defendant was diagnosed to the effect that, on November 30, 2013, the diagnosis was required for the brain-dead, climatic base, and climatic base; on December 6, 2013, the acute stress disorder; and on December 6, 2013, the stress disorder; and on December 18, 2013, the Defendant was diagnosed to the effect that around three weeks’ treatment is necessary due to the dromatic base and tension; and
The Defendant received medical treatment from I Hospital, J Hospital, K Hospital, etc. from the date of the instant accident until July 22, 2015.
(d)
From February 5, 2014 to July 22, 2015, the Plaintiff paid each total of KRW 2,191,710, and KRW 41,187,010 as Defendant’s mental and medical expenses.
From March 10, 2014 to April 3, 2015, the Plaintiff paid the Defendant totaling KRW 15,969,210 as compensation for damages.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 8, 14, 16, 20
2. The parties' assertion
A. Prior to the instant accident, the mental and physical disability of the Defendant’s assertion is deemed to be the king disability, and the Defendant received a considerable period of time after the instant accident, and thus, the mental and physical disability alleged by the Defendant after July 23, 2015 is deemed to be a mental and physical disability.