1. The Defendant (Counterclaim Plaintiff) paid KRW 3,086,315 to the Plaintiff (Counterclaim Defendant) and its related amount from September 20, 2017 to October 2, 2018.

1. Facts of recognition;

A. On September 20, 2017, around 10:30 on September 20, 2017, the Defendant was under way to take a swimming course at D accommodation located in Ulsan-gu C, Ulsan-gu, Seoul, but, on the grounds that the Plaintiff, who was not good at ordinary times, did not come to the Defendant’s hand while leaving the Defendant’s back from the rear side, she saw the Plaintiff’s face one time at one hand, and shicked the Plaintiff’s fingers.

Due to such acts of the defendant, the plaintiff suffered from the loss of left hand in need of treatment for about five weeks.

B. The Plaintiff, at the same time and at the same place as the Defendant at the same time, injured the Defendant’s finger seat, etc. among the left hand that requires treatment of approximately two weeks by plucking and digging up the Defendant’s finger.

(hereinafter referred to as the “instant accident”). C. The Defendant’s above dispute is the “instant accident.”

In the instant case, the Defendant received a summary order of KRW 3 million (Defendant) and KRW 1 million (Plaintiff), respectively, for each crime of injury in this Court Decision 2017 High Court Decision 2017 High Court Decision 10734, and the Defendant did not raise any objection thereto, which became final and conclusive at that time, but the said summary order became final and conclusive at that time. The Plaintiff’s formal trial procedure (this Court Decision 2017 High Court Decision 2017 High Court Decision 1298) that was proceeding upon filing an application for formal trial (this Court Decision) and February 1, 2018, which became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 7, Eul evidence 3 (including, if any, additional statements), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) According to the above facts of recognition, the defendant is liable for the damages of the plaintiff as a tortfeasor because the defendant abused the plaintiff and inflicted an injury on the plaintiff.

(2) In the course of dispute between the Plaintiff and the Defendant, the Plaintiff and the Defendant are partly responsible for the Plaintiff’s harmful act.

The defendant's liability is limited to 60% in consideration of the plaintiff's calculation of damages.

(b).