1. The Plaintiff’s unjust enrichment of KRW 1,821,630 against the Defendant on June 25, 2017.

1. Basic facts

A. The Plaintiff received medical treatment at a hospital from January 2017 to February 2017. The Defendant (hereinafter “Defendant Corporation”) borne KRW 1,821,630 out of the medical expenses incurred during the said period.

B. On June 25, 2017, Defendant Corporation: (a) deemed that the injury suffered by the Plaintiff constituted “a criminal act caused by intention or gross negligence or intentionally caused an accident”; (b) decided to recover KRW 1,821,630 of the medical expenses borne by Defendant Corporation; and (c) notified the Plaintiff thereof around that time.

[Basic Facts] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. In light of the fact that the Defendant, claiming the existence of the claims alleged by the parties, has the responsibility to assert and prove the existence of claims, and the content of claims subject to the dispute, is easy to understand the Plaintiff’s assertion, the Defendant’s assertion is to be presented first than the Plaintiff’s assertion, unlike other matters.

The Defendant alleged the Defendant stated the content of the defense prior to the merits on October 1, 2017, as stated on the first date for pleading, under the title “decision on the defense prior to the merits” on the fourth page of the reply on October 11, 2017. However, this appears to have been written by mistake without the intent of the Defendant to claim in this case.

On December 15, 2016, the Plaintiff suffered from an injury in the process of assaulting with Macar-Ba on December 15, 2016. The Plaintiff received insurance benefits of KRW 1,821,630 from the Defendant Corporation after receiving medical treatment from the hospital due to the injury.

The National Health Insurance Act excludes “a criminal act caused by intention or gross negligence, or intentionally caused an accident” from the beneficiary of insurance benefits, and stipulates that the Defendant Service may recover the amount equivalent to the expenses for the insurance benefits already paid from the person who received the insurance benefits unfairly.