A. On June 23, 2015, the Defendant: (a) driven a four-lane road in front of the Ccafeteria parking lot located in Gohap-gun, Chungcheongnam-gun; and (b) obstructed the central line and obstructed the center; and (c) faced with the collision with the Epter Cargo Vehicles of D Driving (hereinafter “instant traffic accident”); and (d) suffered injury, such as an cardio-cerebral cerebral wave, cerebral thale and thale sewage, etc., that had been driven at the top of the two-lane road in the same Gun.

B. The Plaintiff paid KRW 31,171,860,00 to the medical care institution that treated the Defendant as advance payment pursuant to Article 11(1) and (2) of the Guarantee of Automobile Accident Compensation Act, as an insurer who entered into a comprehensive automobile insurance contract with regard to the foregoing cargo vehicle.

C. On October 8, 2015, the Plaintiff filed a lawsuit against the Defendant for the confirmation of existence of an obligation with this court’s 2015da1692, and the said court rendered a judgment on February 16, 2016, that “the Plaintiff’s obligation to pay insurance to the Defendant based on an insurance contract as indicated in the separate sheet does not exist with respect to a traffic accident that occurred between the Defendant’s driver’s Otobane and D driver’s obane,” and the said judgment became final and conclusive.

Therefore, since there is no insurance money payment obligation against the plaintiff against the defendant, the defendant is obligated to pay to the plaintiff 31,171,860 won in advance payment that has already been paid to the plaintiff, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 6, 2016 to May 24, 2016, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);