Of the instant lawsuit, the part of the claim for the confirmation of existence of the obligation shall be dismissed.

2. The defendant shall pay 14,201,700 won to the plaintiff and this shall apply.

Facts of recognition

Around 11:20 on August 3, 2018, Nonparty E driving a F taxi (hereinafter “instant taxi”) on the two-lane road near the D Elementary School located in Mapo-gu Seoul Metropolitan Government, the fact that Nonparty E was shocked by the Defendant crossing the road on the front part of the instant taxi (hereinafter “instant accident”), the Defendant suffered injury, such as the cutting-up of the sckes and the sckes of the sckes, etc., the fact that the Plaintiff was a mutual aid provider of the instant taxi, the Plaintiff paid medical fees of KRW 14,201,70 by December 11, 2018, or that the Plaintiff did not conflict between the parties, or that the Plaintiff paid medical fees of KRW 14,201,70 by December 11, 2018, comprehensively taking account of the overall purport of pleadings and arguments as a whole.

2. In a lawsuit seeking an ex officio determination on the legitimacy of the part of the claim for the confirmation of existence of an obligation among the lawsuits in this case, there is a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant to seek damages against the plaintiff (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 1991). The defendant is not entitled to seek damages against the plaintiff, and according to the purport of the entire pleadings, it is recognized that the defendant did not have claimed damages other than the expenses for the period of payment, which is seen later against the plaintiff. Thus, there is no currently unstable or danger in the plaintiff's rights or legal status.

Therefore, this part of the claim is unlawful because there is no benefit of confirmation.

3. The Plaintiff asserts that the instant accident occurred due to the Defendant’s total negligence, and thus, the Defendant is obligated to return the medical expenses of KRW 14,201,700 paid by the Plaintiff as unjust enrichment.