1. The judgment of the first instance court, including a counterclaim claim added at the trial court, shall be modified as follows.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 15, 2014, B driven a C vehicle (hereinafter “instant vehicle”) around 19:10 and brought to the left from the direction of the shooting distance of the U.S. apartment that is located in the city of Kimpo-si, Kimpo-si, Kimpo-si, and caused an accident of collision with the Defendant, who was loaded in the above well-known apartment on the mix-si, Yangpo-si, Yangpo-si, Yangpo-si, Kimpo-si, at the 811 unit of the apartment.

B. The Defendant suffered injury to the left-hand opening heat, etc. due to the instant accident (hereinafter “the instant injury”). From October 15, 2014 to November 22, 2014, the Defendant received hospital treatment from the hospital, etc. by the hospital, etc. during the period from the hospital of the Japanese Medical Foundation New Hospital to the hospital of the Japanese Medical Foundation from October 15, 2014, and by the period from September 25, 2015.

C. From around the date of the instant accident, the Plaintiff, the insurer of the instant vehicle, to September 25, 2015, paid insurance money equivalent to KRW 7,683,370 in total to the Defendant’s medical expenses related to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 to 4, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion is merely due to the Defendant’s king, but there is no proximate causal relation between the instant injury and the instant accident. As such, the Defendant is obligated to return KRW 7,683,370, which was already paid to the Plaintiff as the medical expenses, and damages for delay thereof, to the Plaintiff as unjust enrichment.

B. According to the record as to whether the degree of contribution of the instant accident can be recognized to the injury of 1, and the result of the commission of physical examination to the director of the medical school of the National Health Insurance Corporation, and the fact-finding on part of the border regional headquarters of the National Health Insurance Corporation, the Defendant from December 27, 2006 to the date of the instant accident.