1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the E-vehicle (hereinafter “Plaintiff”).

B. The Defendant, in collusion with the co-defendant C, D, etc. of the first instance trial, intentionally shocked vehicles violating traffic regulations by inducing traffic accidents and claiming insurance proceeds by pretending that they are victims. On November 21, 2008, the Defendant caused an accident involving intentionally shocking the part on the front side of the Plaintiff’s vehicle located in the F kindergarten located in the Speaker’s Government-Si on November 21, 2008, and intentionally shocking the part on the top side of the Plaintiff’s vehicle that violated the signal with H.

C. As between November 13, 2008 and December 5, 2008, four persons, including the Defendant and the co-defendants of the first instance trial, obtained 5,081,150 won from the Plaintiff on the grounds of the said accident to receive 5,081,150 won from the Plaintiff for their agreed money, treatment costs, and repair costs of the said H vehicle.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff asserts that the Defendant is jointly and severally liable with the co-defendants of the first instance court to compensate the Plaintiff for the damages incurred by the Plaintiff due to the tort committed by the above intentional act, since the Defendant conspired with the co-defendants of the first instance court and acquired the insurance proceeds of KRW 5,081,150 from the Plaintiff.

B. As to this, the defendant, even though he was liable for tort by intention, defense that the plaintiff's claim for damages of this case has expired by prescription with the lapse of the ten-year statute of limitations.

3. Determination

A. Therefore, the fact that the defendant's intentional occurrence date of the accident is November 10, 2008, and that the date when the defendant, etc. finally acquired insurance money from the plaintiff on December 5, 2008 is the same as above, and the fact that the lawsuit claiming damages of this case was filed on January 3, 2019 is recorded.