1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the Plaintiff’s insured vehicle (Ma1 Vehicle) Defendant’s driver’s vehicle B (Ma2 Vehicle) and C at the time of May 14, 2015, the same shall apply to the supplementary drawing of the situation of D collision in the Nam-gu, Incheon Metropolitan City.

Payment of insurance proceeds 2,160,080

B. The Plaintiff paid KRW 2,160,080 as the Defendant’s medical expenses by February 17, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6 and 11, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is highly likely to cause injury to the Defendant due to the instant accident, as the collision strength is weak and the degree of damage of the vehicle is insufficient. The Defendant received medical expenses from the Plaintiff even though the treatment was merely for the treatment of the king’s disease. Therefore, the Defendant is obligated to return the Plaintiff’s medical expenses paid to the Plaintiff 2,036,940, excluding CT photography expenses and the initial medical expenses, and the delay damages therefrom.

(The plaintiff did not reduce the purport of the claim. (B)

Judgment

According to the evidence No. 10, the shock power delivered to the defendant's driver's vehicle due to the accident of this case is recognized as a result of the Maro analysis by the National Institute of Scientific and Investigative Research on the accident of this case. The shock power of this case is to be determined as not causing significant physical change of the defendant's driver and injury caused thereby.

However, in order to determine the existence of injury in a criminal case, the results of Madimo analysis by the National Science Investigation Agency is a program to judge the situation at the time of the accident on the basis of the damaged parts of the vehicle, the black stuff image, etc., and not reflect the specific circumstances at the time of the accident and the personal characteristics of the victim. The above evidence and evidence Nos. 1 through 4, and the fact inquiry results with respect to the Namdong-gu Incheon Metropolitan City head of the Gu.