1. The Defendant (Counterclaim Plaintiff) paid KRW 28,813,00 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on July 18, 2016.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to A’s children’s transport bus (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B Coin Vehicle (hereinafter “Defendant vehicle”) for convenience.

B. On October 29, 2014, around 17:24, the Defendant driver of the vehicle that caused the accident: (a) stopped on the road adjacent to the safety zone where the left-hand turn is located at the 406-lane of the local administration Ri of the local-nam-si, Sungsung-si, and stopped on the road along the safety zone where the left-hand turn is located; (b) and (c) the driver of the vehicle shocked, while changing the course to the right-hand one way, while proceeding along the one-lane, the driver of the vehicle.

(hereinafter referred to as “the primary shock”). The instant shock led to the three-lane of the damaged son, and the driver died of the driver’s side of the Plaintiff’s left side of the Plaintiff’s vehicle, where the three-lane was straighted (hereinafter referred to as “the second shock”). In addition, the driver died of the second shock.

(1) The accident of this case shall be referred to as "the accident of this case" in total, including (1) and (2) shocks.

C. The Korea Workers’ Compensation & Welfare Corporation paid the industrial accident insurance benefits to the bereaved family members of the victimized Oral Ba, and the Defendant paid KRW 288,130,000 to the said Corporation on February 26, 2016.

When the ratio of responsibility of the original defendant was determined as 10%:90% in the deliberation and mediation procedure of the committee for deliberation on indemnity, the plaintiff paid 28,813,000 won to the defendant on June 24, 2016.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination on the principal lawsuit and the cause of counterclaim

A. (i) The instant accident, the cause of the Plaintiff’s principal claim, occurred due to the negligence of the Defendant’s driver, but the Defendant received reimbursement of KRW 28,813,00 from the Plaintiff on the ground that the Plaintiff’s negligence was 10%, which is unjust enrichment, should be returned.

B. The accident of this case, which caused the defendant's counterclaim, occurred at the low time, and the body of the vehicle at the time.