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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is the owner of Cbeer or vehicle (hereinafter “instant vehicle”) and, if necessary, allow D to drive the said vehicle with the consent of the Plaintiff.
Defendant, E, F, etc. (hereinafter referred to as “Defendant, etc.”) is a university motive of D.
B. The Defendant, along with E and F, moved from D to Gangnam by using the instant vehicle. D, without obtaining the Plaintiff’s permission at night on July 20, 201, was driving the instant vehicle without permission by driving the instant vehicle to Gangnam, without permission.
C. Meanwhile, following the completion of tourism, D et al. complained of the skin due to the night driving, D et al., the Defendant, on behalf of D on July 21, 201, caused a traffic accident where D, while driving the instant vehicle in the vicinity of the Chungcheongnam-gun Samsung-gun, Samsung-gun, Samsung-gun, one-lane, one-lane in the vicinity of the 300km East-do Expressway Highway, the Defendant, et al., caused a traffic accident where D, while driving the instant vehicle in the instant vehicle in the direction of the one-lane in the direction of the two-lane (hereinafter referred to as the “instant accident”). The Defendant caused a heavy injury to the victim E (hereinafter referred to as “victim”) who was aboard the instant vehicle due to the said accident.
Until February 22, 2013, ELA damage insurance company, the insurer of the victim, paid KRW 23,387,540 to the victim for medical expenses, and the Defendant filed an application for payment order against the Plaintiff and the Defendant for reimbursement of the amount equivalent to the above medical expenses. The Defendant did not raise any objection. On May 8, 2014, the Plaintiff filed a lawsuit (Seoul Central District Court 2013Da5064731) against the Plaintiff (Seoul Central District Court 2013Da5064731) and paid KRW 17,540,65 to the damage insurance company of ELA until July 31, 2014, and the instant conciliation decision affected the claim for damages or the amount of indemnity exceeding the amount claimed in the future.