1. Of the parts concerning the counterclaims in the judgment of the court of first instance, the following amounts are the counterclaims.

1. Scope of the litigation progress and the trial of the political party after remanding;

A. The counterclaim Defendant filed a lawsuit claiming damages against the counterclaim Plaintiff by suffering injury due to the accidents described in (a) of the following 3-A, and the Plaintiff filed a counterclaim seeking restitution of unjust enrichment equivalent to the insurance money already paid, even if the said accident occurred due to the unilateral negligence of the counterclaim Defendant.

B. The court of the first instance dismissed the claim by the counterclaim Defendant to the effect that the actual amount of damages was already compensated, and dismissed the counterclaim by the counterclaim Plaintiff to the purport that the return of unjust enrichment cannot be claimed as long as the insurance money was paid in accordance with the terms and conditions.

C. Only the Lessee appealed against the counterclaim that is the part against which the Lessee lost, and the judgment prior to the remanding of the case dismissed the appeal by the Lessee.

Therefore, the Lessee appealed again, and the Supreme Court reversed the purport that the Counterclaim may have the right to claim the return of unjust enrichment after examining the counterclaim part, and then remanded to this court.

Therefore, the claim of the counterclaim defendant is confirmed, and the scope of the judgment of the court is limited to the counterclaim part.

2. The scope of the liability for damages to be borne by the Lessee in the summary of the final judgment on the merits of the lawsuit is 24,323,263 won [the scope of the liability for damages to be borne by the Lessee = 11,323,263 won [the amount of KRW 2,483,430 [the amount of KRW 3,81,80 in daily income [the amount of KRW 1,301,444 in future medical expenses of KRW 3,81,80 in daily income}] x 13 million]. The amount of damages to be borne by the Lessee in the judgment on the merits of the lawsuit is 87,856,560 won paid by the Lessee in the amount of KRW 61,49,592, which corresponds to the negligence of the Counterclaim Defendant, and ultimately, the Counterclaim Defendant cannot be paid further.

3. Determination

A. The facts of recognition (1) B, around 06:20 on June 17, 2008, is the way to avoid the center line in front of the old Heung-si in the Seocheon-dong, Seocheon-si, Seocheon-do, by driving the insurable cargo vehicle, which is the insured vehicle of the Counterclaim Plaintiff.