1. The Defendant (Counterclaim Plaintiff) paid KRW 29,874,761 to the Plaintiff (Counterclaim Defendant) and its amount from April 29, 2015 to January 26, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. Facts of recognition 1) Private Taxis B (hereinafter “Defendant”)

A) On April 29, 2015, the driver driven the Defendant’s vehicle on April 29, 2015, and driven the front road in Songpa-gu Seoul Metropolitan Government along the two-lanes of the two-lanes of the tin village and the width of the tin village and lakeing the Plaintiff, who was crossinging the road on the right side from the left side of the Defendant’s vehicle, along with the right side of the crosswalk immediately outside of the crosswalk on the pedestrian red signal (hereinafter “instant accident”).

2) The Plaintiff suffered injury due to the instant accident, i.e., the Plaintiff suffered injury, such as the exposure to the third inscarcity.

3) The defendant is a mutual aid business operator who entered into a mutual aid agreement on the defendant's vehicle. B. Determination on the recognition of liability 1) According to the above facts, the plaintiff injured the defendant's vehicle due to the operation of the defendant's vehicle, and thus, the defendant is liable to compensate the damage suffered by the plaintiff as a mutual aid business operator

2. As to this, the defendant asserts that the accident of this case occurred by crossing a bicycle on board in violation of the plaintiff's signal, and that the driver of the defendant vehicle, who was travelling normally pursuant to the new code, should be exempted from liability, since there is no error with the driver of the defendant vehicle.

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damages caused by the operation of the automobile concerned when he dies or gets injured by another person," and provides that the driver shall not be negligent by intention or negligence. However, in the case of death or injury caused by a person who is not a passenger, he himself and the driver shall not be negligent in paying due attention to the operation of the automobile, and a third person other than the victim or the driver.