1. The Defendant (Counterclaim Plaintiff) paid KRW 44,917,208 to the Plaintiff (Counterclaim Defendant) and its related amount from May 2, 2013 to January 17, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. At around 20:00 on November 3, 2010, D driven a vehicle E (hereinafter “instant vehicle”) and was temporarily parked in the street parking lot in Gwangjin-gu Seoul Special Metropolitan City, due to the collision with the G real estate entrance entrance in the said place with the front part of the said vehicle, and due to the shock, the Defendant was shocked (hereinafter “instant accident”).

B. On November 4, 2010, the Defendant was diagnosed as “a scopical salt base, an scopical salt base, and both sides,” and received hospitalized treatment by the pertinent hospital until November 24, 2010, which requires approximately three weeks’ medical treatment.

C. Meanwhile, the Defendant asserted that the instant accident suffered from climatic and external stress disorder, etc., such as climatic and urine, and received outpatients from the I Hospital on February 15, 201, from February 28, 2011 to March 26, 201, from J Hospital to October 6, 201, from August 6, 2014 to October 289, 201, and received outpatients from the K Hospital. In addition, the Defendant received outpatients from the above hospital from around the date of the instant accident to May 30, 2017.

The Plaintiff, the insurer of the instant vehicle, claimed insurance money, and the Plaintiff paid KRW 71,580,325 as the Defendant’s medical expenses from the time of the instant accident to May 30, 2017.

[Ground for Recognition: Facts without dispute, entry in Gap 1 through 7 evidence (including each number in the case with a serial number), the purport of the whole pleadings]

2. Determination as to the principal lawsuit

A. The plaintiff's summary of the plaintiff's assertion that the defendant suffered injury although he did not suffer injury as alleged by the defendant, such as external stress disorder, etc. due to the accident of this case, and claimed medical expenses and received insurance proceeds from the plaintiff, the defendant is obligated to return the insurance proceeds to the plaintiff as unjust enrichment.