1. The Defendant paid KRW 27,059,90 to the Plaintiff KRW 5% per annum from October 10, 2016 to March 21, 2017.

1. Facts of recognition;

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

B. On November 28, 2015, at around 06:15, the Defendant: (a) driven a DOtoba; (b) caused the negligence of driving the first set of the F cafeteria in front of the F cafeteria located in Sejong Special Self-Governing City, in excess of the Central Separation Zone, from the tent to the Daejeon B from the west area; and (c) caused the collision of the first set of the Plaintiff’s front part of the Plaintiff’s vehicle running the said first set of lanes in normal course.

(hereinafter referred to as “instant accident”). C.

The Defendant suffered injuries, such as the right pelvis and the structural pelvis, by the instant accident.

The Defendant requested the Plaintiff to pay advance payment under the Guarantee of Automobile Accident Compensation Act, and the Plaintiff paid the Plaintiff totaling KRW 27,059,900 by August 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. The defendant's obligation to return advance payment

(a) Where a policyholder, etc. is liable for damage under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “automobile Accident Compensation Act”), the victim may request an insurance company, etc. to pay insurance money, etc. directly to himself/herself, as prescribed by Presidential Decree.

In such cases, the victim may directly request the medical institution that has provided the medical treatment to pay the amount equivalent to motor vehicle insurance medical fees.

(Article 10(1) of the Automobile Loss Compensation Act. Meanwhile, where it is found that the policyholder, etc. has no liability for damages after advance payment has been made by the insurer, etc., the person who has received such advance payment may demand the refund of the amount

(Article 11(4) of the Automobile Loss Act. The following circumstances recognized by the above facts of recognition, each of the above evidence, and the purport of the entire pleadings, namely, the instant accident, while the Defendant drives the automobile at night.