National Freight Trucking Federation (Law Firm Southern River, Attorneys Kim Jae-sik et al., Counsel for the defendant-appellant)

Reference Non-Life Insurance Co., Ltd. and two others (Law Firm Sejongyang et al., Counsel for the plaintiff-appellant)

February 28, 2018

Seoul Central District Court Decision 2017Da501080 Decided September 5, 2017

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

1. Purport of claim

The Plaintiff shall pay 48,071,497 won for Defendant M&A, 28,842,898 won for each of the above amounts, and 5% per annum for each of the above amounts from January 23, 2009 to the date of final delivery of a copy of the complaint of this case, and 15% per annum for each of the following day to the date of complete payment.

2. Purport of appeal

The part of the judgment of the court of first instance against the plaintiff is revoked. The amount of non-life insurance for defendant corporation is 48,071,497 won, the association of the Korean taxi transportation business association, the association of the defendant Korean taxi transportation business association, and the company of malicious damage insurance for defendant corporation is 28,842,898 won, and each of the above amounts is 5% per annum from January 23, 2009 to the date of delivery of a duplicate of the petition of appeal of this case, and 15% per annum from the next day to the date of full payment.

1. Quotation of the first instance judgment

The grounds for appeal by the plaintiff are not significantly different from the argument by the court of first instance, and the fact-finding and judgment by the court of first instance are justified if the evidence duly adopted and examined by the court of first instance showed Eul evidence 3, Eul evidence 1, Eul evidence 2, Eul evidence 2-1, and Eul evidence 2-6 are examined.

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure

2. Conclusion

Therefore, the plaintiff's claim against the defendants is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

Judges Choi Ho-ho et al. (Presiding Judge)