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1. The part of the judgment of the first instance against Defendant B and D shall be revoked.
2. The plaintiff's claims against the defendant B and D are all filed.
Reasons
1. On February 20, 2016, the Plaintiff: (a) intentionally caused a traffic accident with Defendant B, the Co-Defendant E of the first instance trial; (b) was urged by the insurer to receive the agreed amount and vehicle repair expenses; and (c) on February 20, 2016, the Plaintiff caused an accident in which I would like to conceal the vehicle of the Prior E driving in the street near the Daegu-gu H market; and (d) accordingly, the Plaintiff was liable to pay the Plaintiff the full amount and damages for delay paid to the Plaintiff as a joint tortfeasor of the insurance fraud.
However, each statement of evidence Nos. 16-20, 46, and 47 submitted by the Plaintiff is insufficient to recognize that Defendant B participated in the insurance fraud of the instant traffic accident, and there is no other evidence to acknowledge it.
(A) According to the statement of evidence No. 46, insurance fraud related to the above traffic accident is recognized only as having been prosecuted for a single crime and sentenced to conviction). Therefore, the plaintiff's claim for this part cannot be accepted.
2. In full view of the overall purport of pleadings as to claims related to traffic accidents as of July 13, 2014, Gap evidence Nos. 21, 22, 23, 46, and 47 were examined: ① Defendant C intentionally caused a traffic accident with Defendant F and intent to receive agreed money and vehicle repair expenses, etc. from an insurance company; and on July 13, 2014, Defendant C driving an Otobane insured against Defendant C and caused an accident of confluoring with the M&A; ② the Plaintiff paid the F-related indemnity amount of KRW 791,580,00,000,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000).