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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On May 13, 2017, the Plaintiff caused an accident where the wall located on the left-hand side was shocked in the direction of village entrance in the Dong-gu Community Center located in Dong-gu, Dong-gu, Dong-gun, Chungcheongnam-gun, Dong-gun, Dong-gun, Dong-gu, where the Plaintiff was driving a B-Jurd car owned by the Plaintiff in the direction of village entrance, and the said vehicle was transferred to the front-hand part of the driver’s seat of the said vehicle (hereinafter “instant accident”).
On May 27, 2017, the Plaintiff’s mother C, who was accompanied by the said vehicle due to the instant accident, died of a multi-life long-term corrosion due to diversity and diversity transfer while being receiving medical treatment at the Daejeon District University Hospital.
B. On August 16, 2016, Nonparty D entered into an insurance contract between the Defendant and the Defendant with the insurance type “non-dividend driver insurance 1604,” the insured, the Plaintiff, and the insurance period from August 16, 2016 to August 16, 2026 (hereinafter “instant insurance contract”).
Of the content of the insurance contract of this case, there are traffic accident settlement support funds (private use and loss), and according to the special terms and conditions of the traffic accident settlement support fund (loss), the insurer is required to pay the amount of money paid by the insured as criminal agreement for each victim for each accident (the maximum amount per victim KRW 30 million) where the insured has caused the death of the victim due to a motor vehicle accident occurred rapidly and rapidly while driving a private-use motor vehicle during the insurance period.
C. On May 30, 2017, the bereaved family members (E, F, G, H, I, etc.) of the network for the suspension of indictment against the Plaintiff (E, F, G, H, I, etc.) prepared a written application for coal seeking a preference against the Plaintiff and submitted it to the investigation agency.
On July 18, 2017, the Changwon District Prosecutors' Office recognized that the accident in this case was the first offender, that the plaintiff seems to have considerable mental suffering from the accident in this case, that the vehicle is covered by a comprehensive insurance, and that it was erroneous.