A. A. D around October 23, 201, around 10:23, 201, a person driving a house located in Gangnam-gu Seoul Metropolitan Government B on the back-road side of the Datoba (hereinafter “Gatoba”), and the Defendant, who took a bicycle in the parking lot, got the Defendant to go beyond the play-house floor (non-Contact accident), and caused the Defendant to suffer salt and inspection of the left-hand sludge.

(hereinafter “instant accident”). (b)

The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with Bak Risk Co., Ltd. as its owner with respect to Bakba.

C. The Plaintiff paid each of the Defendant’s medical expenses of KRW 10,616,680, and advance payment of KRW 8,000,000 to the Defendant due to the instant accident.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence (including a branch number), the purport of the whole pleadings

2. Summary of the assertion

A. The Plaintiff’s obligation to pay insurance money to the Defendant due to the instant accident does not exist any longer when the Plaintiff deducts the money paid by the Defendant as medical expenses and the advance payment for damages. Since the Defendant demanded additional damages due to the instant accident, the Defendant seeks confirmation of the existence of liability against the Defendant.

B. Even if the Defendant excluded the medical expenses and advance payment for damages received from the Plaintiff, the Defendant additionally disbursed KRW 495,240 for the expenses for the left-hand sludge and the medical expenses for the bid and the bid on the instant accident, and KRW 84,240 for the treatment of a psychiatrist’s mental disease worse, and additionally paid KRW 2,000,000 for mental damage caused by the instant accident. Thus, the Plaintiff’s claim for confirmation of the existence of the obligation is unreasonable.

3. Determination

A. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, claims first and claims specified to deny the fact that the cause of the obligation occurred, the defendant, the creditor, is liable to compensate for the damage caused by tort.