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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. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On September 5, 2016, around 02:35, the Defendant’s vehicle (A driver C, the same approval D) was driving one lane at a point of 318 km (hereinafter “instant road”) along the direction-setting line in the west Coast Highway Seoul, and the Plaintiff’s vehicle (A driver, E, Dong F, G, and H) continued two-lanes of the instant road. During the course of career change, the Plaintiff’s vehicle (the driver, E, Dong F, H, and the front and rear parts of the Defendant’s vehicle were shocked with each other.
(hereinafter referred to as “instant accident”). C.
In the instant accident, ① the victim F was on board the Plaintiff’s vehicle, and was under treatment at the I Hospital for 12 days from September 5, 2016 to 12; ② the victim G was under treatment from Jinpinp and Jinp on September 12, 2016 as “influences, tensions, etc. of chills,” and ③ the victim H was under treatment at K Hospital for 10 days from September 6, 2016, such as chills and tensions.
① As agreed on September 13, 2016, the Plaintiff paid the Victim F with KRW 1,40,000, KRW 609,840 for the purpose of treatment on October 4, 2016, and KRW 500,000 for the purpose of treatment on September 13, 2016, KRW 28,270 for the purpose of agreement on September 13, 2016, KRW 28,270 for the purpose of treatment on January 31, 2017, ③ for the purpose of agreement on September 13, 2016, KRW 538,610 for the purpose of treatment on October 31, 2016, KRW 4,376,720 for the sum of KRW 538,610 for the purpose of treatment (=1,400, KRW 609,009, KRW 500,008, KRW 308,008).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 4 (including numbers; hereinafter the same shall apply)
2. Summary of the parties’ assertion
A. The Plaintiff’s assertion that the instant accident occurred on the road of this case.