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1. The judgment of the first instance court is modified according to the expansion of the purport of the claim in the plaintiff's trial as follows.
The defendant.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part of the judgment of the court of first instance (Article 1(c)) is “(c) from 26,217,180 won as the Defendant’s medical expenses until June 30, 2013, the Plaintiff paid 1,035,230 won as the Defendant’s additional medical expenses from August 7, 2013 to December 22, 2014, and 28,334,000 won as the repair expenses for the Plaintiff’s vehicle on September 26, 2012.”
② The Defendant appealed from the judgment of the first instance court No. 2, No. 14 and No. 15 of the Decision, and currently is proceeding in the appellate trial (U.S. District Court 2014No5475). (The Defendant appealed from the judgment of the “B,” but the Defendant was dismissed on November 20, 2015, and is currently pending in the final appeal (Supreme Court 2015Do19762).
③ The evidence No. 5 of “B” No. 11 of the judgment of the first instance court No. 2, No. 16.
④ Part 3 through 7 of the judgment of the court of first instance (Article 2-2-2) are as follows: “The Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment equivalent to the insurance proceeds of this case and the total of KRW 55,586,410 (= KRW 26,217,180) (= KRW 1,035,230 KRW 28,334,00) and legal interest or delay damages therefrom).”
3. Accordingly, the Defendant’s conclusion is as follows: (a) with respect to the Plaintiff’s unjust enrichment and reimbursement totaling KRW 55,586,410, and KRW 26,217,180 of the amount of medical expenses cited in the judgment of the first instance court; and (b) with respect to KRW 18,334,00 of the amount of reimbursement equivalent to the repair cost cited in the judgment of the first instance court, the Defendant’s payment date of the insurance money, from September 27, 2012 to August 1, 2014, which is the delivery date of a copy of the complaint of this case.