1. The Defendant (Counterclaim Plaintiff) paid KRW 2,331,644 to the Plaintiff (Counterclaim Defendant) and its related amount from March 11, 2016 to May 31, 2018.

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Facts of recognition;

A. On March 11, 2016, at around 14:10, the Plaintiff resisted the Defendant, who was working for the draining of the chacker in the front part of the Plaintiff’s house located in Gyeongnam-gun, Gyeongnam-gun, and went through a dispute, which led to a conflict between the Defendant and the body of the Defendant. During that process, the Plaintiff kept the Defendant’s full number of 6-7 times as her head, and the Defendant was headed by her head.

(hereinafter collectively referred to as “the instant assault,” and individually referred to as “the Plaintiff’s assault,” and “the Defendant’s assault.”

The Plaintiff, due to the Defendant’s assault, sustained injury to sugars, spawres, etc., which had no two open areas in need of three weeks of medical treatment, and spawres, and the Defendant suffered injury to sugars without two open areas in need of three weeks of medical treatment due to the Plaintiff’s assault.

C. In relation to the instant assault on April 29, 2016, both the Plaintiff and the Defendant were subject to a disposition of suspending prosecution for the crime of injury by the head of the Changwon District Prosecutors’ Office.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 6, 11, 12, Eul evidence Nos. 2, 4, 24, 29 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition that the damages occurred, since the defendant used the plaintiff to assault and injure the plaintiff, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above tort.

However, the plaintiff and the defendant appear to have committed assault against the other party while in sight of each other, etc., considering the course and field circumstances of the assault of this case, and the degree of assault and injury of the plaintiff and the defendant, etc., the defendant's liability for damages is limited to 60%.

B. (1) In full view of the purport of the entire pleadings in the evidence Nos. 6 and 13, the total amount of the medical expenses incurred by the Plaintiff was 52,740.