1. The part concerning the principal lawsuit in the judgment of the first instance, including the claim extended by the Plaintiff (Counterclaim Defendant) in the trial.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. B, around 16:45 on August 18, 201, driving a C Poter II cargo vehicle (hereinafter “Plaintiff trucking vehicle”) and conflict with Defendant’s Oba (hereinafter “Defendant Oba”), which was driven on the left-hand side of the U.S., at one-lane of the four-lanes near the building distance in Seo-gu Incheon, Seo-gu, Incheon.

(hereinafter “instant accident”). (b)

The Defendant suffered brain damage, such as climatic blood transfusion, etc. due to the instant accident, and the Plaintiff, as an insurer who entered into a comprehensive motor vehicle insurance contract with B with respect to the Plaintiff Cargo Vehicles, paid the Defendant totaling KRW 95,520,460, and KRW 233,150,000, including medical expenses, etc. until November 14, 2014.

[Evidence - Grounds for Recognition - Facts without dispute, Gap evidence Nos. 3, 4, 6, 7, 11, 13, Eul evidence Nos. 2, 4, 5, 6, 11 (including each number), and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion that the accident of this case occurred due to the whole negligence of the defendant, and the defendant should return the medical expenses received from the plaintiff as unjust enrichment.

B. The Defendant’s assertion B caused the instant accident by negligence without examining the left-hand side of the Plaintiff’s cargo vehicle, and thus, the Plaintiff is liable to compensate the Defendant for all damages incurred by the instant accident.

3. Determination

A. First, whether B was negligent or not, we examine whether B was negligent or not in the occurrence of the instant accident.

According to the above evidence, the accident of this case occurred at the point where the plaintiff's cargo vehicle attempted a U-turn in accordance with the new subparagraph, and at the same one lane, conflict between the defendant's O-Ba's right hand hand hand handn and the left hand hand handn part of the plaintiff's cargo vehicle's driver's seat and the left hand handn part of the plaintiff's cargo vehicle's driver's seat, and ② The defendant's side argues that the accident of this case occurred due to the negligence of changing the A-turn's car from the two lanes