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(영문) 서울중앙지방법원 2018.04.24 2017나84084
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. On January 2015, Defendant A, an elementary school, proposed a traffic accident to Defendant B with intent on February 2015, 2015, on the first day of the first day, who was not capable of paying the repair cost, and the Defendant B consented thereto. The Defendant B agreed to the traffic accident.

Accordingly, at around 14:20 on February 17, 2015, Defendant B parked the instant Orala on the street in Guro-gu Seoul Metropolitan Government, “D,” a sales store for Oralaba, and then known it to Defendant A. Defendant A, a stock company, intentionally shocked the instant Orala with a car owned by it, and intentionally shocked the instant Orala (APRILI) with a car owned by it, and other 'APRISV4' RPI (hereinafter referred to as 'the third Orala").

(hereinafter referred to as “instant intentional accident.” After the instant intentional accident, Defendant A received insurance from the Plaintiff, who is the insurer of Pakistana Co., Ltd., and Defendant B submitted a written estimate of repair worth KRW 34,175,000 to the Plaintiff as repair cost.

According to the above insurance receipt, the Plaintiff requested MMM Adjustment Co., Ltd. to assess the instant Orala and No. 3 Orala, and on April 25, 2015, the Plaintiff paid KRW 2,460,000 in total, each of the 1,230,000 per Orala to MM Adjustment Co., Ltd. with the cost of evaluating the damage.

On the other hand, the plaintiff did not pay insurance money to the police because it is considered that the damage part of the Obaba and the disagreement between the accident part and the Obaba.

The Defendants were prosecuted by committing an attempted crime against the Plaintiff on August 27, 2015, and were convicted by the court on August 27, 2015 (Seoul Southern District Court 2015Ma2726), and the judgment became final and conclusive as it is.

[Reasons for Recognition]

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