1. The part against Defendant B among the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant B is dismissed.

2...

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to the Plaintiff’s Bana Private Taxi owned by F (hereinafter “Plaintiff”).

B. On August 16, 2017, Co-Defendant D, E, and Defendant C of the first instance trial conspiredd to obtain insurance proceeds by intentionally taking the intentional accident, and Co-Defendant D of the first instance trial committed a traffic accident (hereinafter “instant accident”) by intentionally taking part in the Plaintiff’s vehicle while operating the J vehicle in the state of being accompanied by Defendant E and Defendant C (hereinafter “Defendant vehicle”) in front of the I shop located in Ha in Y in Yananananan-si on the street before August 16, 2017.

C. Defendant C received treatment under the name of Defendant B, one’s own punishment, and received a medical certificate, etc., and submitted it to the Plaintiff. The written agreement was prepared in the name of Defendant B, and the Plaintiff paid the agreed amount to the account in the name of Defendant B.

The details of the payment of mutual aid money (insurance money) by the Plaintiff’s accident are as follows.

The amount paid as of August 21, 2017 D 1,30,00 E 90,00 agreed amount on August 21, 2017, Defendant B, August 21, 2017, the agreed amount of KRW 1,420,00 D 20, August 25, 2017, which was 6,760,000 for non-repair of the Defendant vehicle, on August 31, 2017, K. 6,760,00 for repairs of the Plaintiff vehicle on August 31, 2017; 615,000 for repairs of the Plaintiff vehicle on August 31, 2017; 200 L-Gu 20, 200, 332,000 for parts of the Plaintiff’s vehicle on August 31, 2017, M. D 38,780, M. D 19, 2017

E. Meanwhile, on October 12, 2017, the Plaintiff recovered KRW 182,770 equivalent to 10% of the negligence of the Defendant’s vehicle, among the mutual aid funds that the Plaintiff paid to Defendant B, from the P Co., Ltd. that concluded an insurance contract with respect to the Defendant vehicle, and recovered KRW 1,93,930 on July 25, 2018 from Defendant B.

F. Defendant C was indicted for several insurance fraud crimes, including the instant accident, and on May 3, 2018.