The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 8,906,190 on September 3, 2020 to the Plaintiff (Counterclaim Defendant) and on December 18, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. A. Around 01:20 on April 29, 2017, while C was driving a taxi on the front of Yongsan-gu Seoul Metropolitan Government D (hereinafter “Plaintiff”) on the front of Yongsan-gu, Yongsan-gu, Seoul, there was an accident that is going beyond the road after the Defendant contacted the Plaintiff’s vehicle (hereinafter “instant accident”).

B. The Defendant received medical treatment in F Hospital, etc. and guaranteed the payment of medical expenses thereafter, the Plaintiff paid KRW 10,597,010 as medical expenses from April 29, 2017 to July 28, 2020.

C. On May 2019, the appraisal made by the Defendant’s physical assessment revealed that the following disability due to the escape from the escape of a protruding signboard by the Defendant constitutes a permanent disability of 23%.

[Reasons for Recognition] Unsatisfy, Gap's statements or images as to Gap's 1 to 5, 7 to 9, Eul's 1 to 4 (including each number), the result of the court's entrustment of physical appraisal to G hospital heads, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff paid KRW 10,597,010 for the Defendant’s medical expenses. Among them, KRW 8,215,370 for 8,215,370 is not recognized as causation with the instant accident. As such, the Defendant shall return this amount to the Plaintiff in unjust enrichment. Of the remainder 2,381,640 won, the Defendant shall return the amount to the Plaintiff as unjust enrichment. Of the Defendant’s fault ratio (50%) equivalent to KRW 1,190,820 for 2,381,640, the Plaintiff shall also return the amount to the Plaintiff as unjust enrichment. The Plaintiff shall seek reimbursement for the remainder after deducting KRW 500,00 for consolation money that the Plaintiff shall pay to the Defendant.

B. In the instant case, the Defendant suffered damages of KRW 18,687,280 for the Defendant’s medical expenses (i.e., KRW 10,597,00 for the Defendant’s 8,108,270 for the Defendant’s medical expenses), KRW 6,360,00 for the future medical expenses, and KRW 184,814,943 for the daily operating expenses, which is the sum of KRW 159,76,663 for the Defendant’s medical expenses. Of them, the Defendant incurred damages of KRW 10,597,010 for the Defendant’s medical expenses after deducting KRW 50% for the Defendant’s negligence ratio, which is KRW 92,407,471 for the remainder after deducting KRW 10,597,010 for the Defendant’s medical expenses.