1. The Plaintiff (Counterclaim Defendant) paid KRW 2,725,786 to the Defendant (Counterclaim Plaintiff) and against this, from May 24, 2009 to May 15, 2014.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty C with respect to B vehicles owned by Nonparty C (hereinafter “instant sea vehicles”).

B. At around 18:47 on May 24, 2009, C, while driving a sea-going vehicle in the direction of Seoul in the west-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant neglected his duty of care to safely drive the sea-going vehicle while keeping a certain distance from the front line and neglecting his duty of care to safely drive the vehicle (hereinafter the traffic accident in this case). As a result, the Defendant, who was on the front line of the time, was injured by the escape, etc. of a conical signboard due to the c and the 4th squareized fiber of the fiber Fluors-gun, the Defendant, who was on the front line, was under the duty of care to safely drive the vehicle.

C. The Plaintiff paid KRW 7,121,400 to the Defendant for medical treatment of outpatients from the day immediately after the instant accident occurred to the day.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, and evidence No. 1 (Evidence No. 1, including branch numbers), the result of the request for the examination of medical records to the director of the Central University Black Hospital, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s injury suffered by the Defendant due to the instant traffic accident was completely treated and the amount equivalent to the medical expenses was fully paid, and there was no disability in the remaining form, and the Plaintiff has no obligation to compensate the Defendant for active and passive damages.

However, there remain only 1.5 million won of consolation money, and the defendant continuously demands to compensate for active damages and passive damages in addition to consolation money, so the defendant's confirmation is sought as its principal lawsuit because there is a dispute over the damages liability related to the traffic accident of this case.

B. The defendant suffered from an injury in the traffic accident of this case and suffered from a residual disability remains and has property damage and mental damage.