1. The Plaintiff (Counterclaim Defendant) paid KRW 85,030,074 to the Defendant (Counterclaim Plaintiff) and the amount from November 25, 201 to May 15, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. At around 15:20 on November 25, 201, E driven a G 1 ton truck owned by F (hereinafter “instant vehicle”), while driving the three-lane road in front of H apartment I-dong, I-dong, at the time of Si-Y apartment at the front of the steel base, at the speed of about 50 km from the front section of the steel base at the speed of 50 km away from the front section of the front section of the instant vehicle, E discovered the Defendant, who was going to the roadway at the right side of the front section of the instant vehicle at the speed of the front section of the front section of the instant vehicle, and caused the Defendant to suffer injury, such as the deterioration of the open frame between the left part and the left part.

(hereinafter “instant accident”). (b)

The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the instant vehicle.

C. By September 11, 2018, the Plaintiff paid the Defendant the sum of KRW 34,837,050 (the amount of provisional payment of KRW 31,837,050) with medical expenses, etc. (the amount of KRW 3,00,000).

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleading

2. The plaintiff claims in this case and the order of judgment on each of the claims in this case are claiming the principal claim in this case to seek confirmation of the existence of the obligation on the premise that the additional payment of KRW 5 million to the defendant in addition to the payment in advance would compensate all damages arising from the accident in this case. The defendant is claiming damages as a counterclaim on the ground that the damages exceeding the above amount still remains. Accordingly, the defendant's claim is to be judged first from the defendant's counterclaim.

3. Judgment on the counterclaim

A. According to the fact of recognition as above, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident as the insurer of the instant vehicle.

B. The limitation of liability is limited, but there is a fault that the defendant has left with other friendships and brought the defendant without permission from India to the roadway, and these errors of the defendant are in this case.