1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 1,542,270.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. At around 14:40 on October 16, 2015, the Plaintiff disputed with B, a neighboring resident, as a matter of land boundary, brought cement brick on B. The Plaintiff suffered bodily injury, such as cement brick damage and shoulder straw, due to cement brick in the head part of B.

(hereinafter “instant accident”). (b)

B From October 16, 2015 to November 25, 2015, the instant accident occurred and received treatment from the Gangwon Medical Center, etc., and for B, the Defendant paid KRW 1,542,270, out of the total medical cost of KRW 2,028,870 to the medical care institution, such as the said Gangwon Medical Center, etc., as insurance benefits, and the remainder of KRW 486,60,00 was borne by B.

C. On February 25, 2016, the Plaintiff and B agreed to pay KRW 10 million to B as the damages for the instant accident, and the Defendant withdraw the criminal complaint against the Plaintiff.

According to the above agreement, the Plaintiff paid KRW 10 million to B on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including branch numbers for those with branch numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. On February 25, 2016, the Plaintiff asserted that the Plaintiff paid KRW 10 million to B as damages for the instant accident, and the said damages include the amount equivalent to the Defendant’s charges.

Therefore, even if the defendant paid the insurance benefits to the medical care institution in relation to the instant accident, it shall be claimed to B, and it shall not be claimed to the plaintiff.

B. In principle, medical care benefits under the National Health Insurance Act shall be provided in the form of spot benefit, which provides medical care until the disease or injury is cured by a medical care institution. Therefore, when the insured undergoes medical care in a medical care institution, the insurance benefits are actually provided and the National Health Insurance Corporation shall limit the insurance benefits.