1. Basic facts

A. The Plaintiff is an insurance company that entered into an insurance contract with respect to B low-priced vehicles, and the Defendant is a driver of Cenz E-Wz car.

B. On April 4, 2012, Nonparty D driving a low-speed vehicle (hereinafter “Plaintiff”) around 16:55, and shocked the back of the Defendant’s vehicle (hereinafter “Defendant”), which was previously driven in front of the Agricultural Cooperative Federation, Seo-gu, Seo-gu, Gwangju (hereinafter “Defendant vehicle”).

C. The Defendant asserted that there was a protruding escape certificate of the Hack-in Department due to the instant accident, and that the number of such certificates continued, and received medical treatment for at least three years from April 4, 2012, which was the date of the instant accident, until August 2015, which was the date of the instant lawsuit.

After the instant accident, the Defendant requested advance payment on August 24, 2015, based on the Guarantee of Automobile Accident Compensation Act. On August 31, 2015, the Plaintiff paid 6.3 million won equivalent to the 14th class disability insurance under Article 11 of the Guarantee of Automobile Accident Compensation Act and Article 10 of the Enforcement Decree of the same Act, and attached Table 2 of the Enforcement Decree of the same Act.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 6, 7, 8 (including partial numbers), the purport of the whole pleadings

2. Grounds for demanding the principal lawsuit;

A. The instant accident, which caused the principal claim, was caused by the vehicle while the vehicle was driven slowly, and the Defendant asserted the escape certificate of the urgical signboard to the post-fluor of the Defendant’s vehicle, and received medical treatment for at least three years. The Defendant received 6.3 million won of the insurance proceeds of the post-fluoral disability from the Plaintiff.

However, the defendant's protruding escape certificate was caused by the king, not by the accident of this case.

Therefore, the insurance proceeds received by the Defendant constitute unjust enrichment, and thus, are obligated to return them to the Plaintiff.

B. The defendant, which caused the counterclaim, is accompanied by the Gal ppuri disease certificate by the accident of this case, and other reasons.