1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. Determination of the original judgment

A. With respect to the traffic accident listed in attached Form 1 (hereinafter “accident”), the Plaintiff paid the insurance money (hereinafter “C Insurance”) to the Defendant according to each insurance contract of this case.

) and D Insurance (hereinafter referred to as “Second Insurance”)

In addition, the defendant filed a counterclaim to seek confirmation that there is no insurance obligation for the plaintiff against the defendant, the Gwangju District Court 2005Gahap10076, which filed a lawsuit with the Gwangju District Court 2005Gahap1076, and against this, the defendant filed a claim for the payment of KRW 305,680,000,00,000,000 for additional benefit of the first insurance, KRW 300,000,000 for benefit of self-reliance, KRW 1680,000 for benefit of self-reliance, and KRW 305,680,000 for benefit of additional benefit of the second insurance. The court of first instance recognized the plaintiff's insurance obligation for benefit of KRW 1,00,000,000 for benefit of disability of the second insurance and KRW 4,000,000 for benefit of self-reliance, and the defendant appealed against each part of the loss.

B. Prior to remand, the first instance court (the Seoul High Court 2006Na4228 (Main Office), 2006Na4235 (Counterclaim)) recognized the Plaintiff’s obligation to pay the insurance money to KRW 30 million for the self-reliance support fund of the first and second insurance as well as KRW 4 million for the additional disability insurance of the first and second insurance in the first instance judgment, and KRW 1.68 million for temporary living expenses. The first instance court appealed to the part against which the Defendant lost.

C. The Supreme Court (Supreme Court Decision 2008Da44689, 2008Da444696, Counterclaim) reversed the part against the Plaintiff regarding the claim for the payment of the additional benefit insurance for the second insurance, the part against the Plaintiff regarding the claim for the payment of the provisional benefit insurance for the first time, and the part concerning the claim for the payment of the insurance for the self-reliance support fund.

After remand, the appellate court (the Gwangju High Court 2009Na7464, the principal lawsuit 2009Na7471, the counterclaim) (the first instance court 2009Na7471, April 14, 2010) is the insurance money of 30 million won for the self-reliance support fund of the first insurance.