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(영문) 인천지방법원 부천지원 김포시법원 2021.02.24 2020가단2179
청구이의
Text

1. The defendant's decision to recommend the plaintiff 2020 Ghana 51991 to the Incheon District Court Branch Kimpo-si, Kimpo-si, 2020.

Reasons

1. On April 15, 2019, the fact that the Defendant filed a lawsuit against the Plaintiff, who is an insurance policyholder, against the Plaintiff, who is the insurer C, seeking payment of compensation of 15360,000 won for 128 days of hospitalization due to the traffic accident, and that the decision to recommend the performance of the order became final and conclusive is significant in this court.

2. On the other hand, the decision of performance recommendation does not take place even if the decision of performance recommendation becomes final and conclusive, and thus, the lawsuit of objection against the decision does not apply to the restriction based on the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). In the lawsuit of objection against the decision of performance recommendation, the decision of performance recommendation may be deliberated and judged as to all the claims as indicated in the decision of performance recommendation. In this case, the obligee, namely, the defendant in the lawsuit of objection against the claim.

Therefore, the defendant is responsible for proving that he/she received hospitalized treatment from June 9, 2019 to October 23, 2019 due to a traffic accident that occurred in Kimpo-si D on April 15, 2019, which is a key issue in this case.

Therefore, according to the records, it is reasonable to presume that during the above period, the treatment claimed by the defendant is not a treatment due to traffic accidents that the plaintiff bears the responsibility as the insurer, but a treatment based on the defendant's king certificate, in that the defendant did not claim the plaintiff to the medical institution hospitalized in the hospital for automobile insurance, and rather the defendant claims the defendant

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