1. Revocation of a judgment of the first instance;

2. The Defendant (Counterclaim Plaintiff) paid KRW 4,366,310 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On June 2013, the Plaintiff is a vehicle B and C freight vehicle (hereinafter “Plaintiff”)

(2) On June 7, 2013, the insurance period of which is from June 7, 2013 to June 7, 2014, B entered into a comprehensive automobile insurance contract with the Plaintiff on December 30, 2013, B: (a) driven the Plaintiff’s vehicle on December 30, 2013; (b) driven the three-lane of the three-lane road adjacent to the claim depth Hospital in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul; (c) driven the three-lane of the three-lane road, which is adjacent to the claim depth Hospital in Eunpyeong-gu, Seoul; and (d) concealed the back of the Defendant’s four-lane (hereinafter “Defendant’s vehicle”).

(hereinafter “instant accident”). (b)

(1) On January 10, 2014, the Defendant received c,36,310,000 won, respectively, for 12 days from January 9, 2014 to January 20, 2014; and 23 days from January 20, 2014 to February 15, 2014, for the Plaintiff received hospitalized treatment from the Fneian medical clinic. (2) From January 27, 2014 to October 23, 2014, the Plaintiff paid KRW 3,366,310,000 to the Defendant for medical treatment expenses received by the Defendant, etc.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 2-1, 2, Gap's evidence 7, and 8, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's main claim is due to the defendant's king of the left-hand shoulder that the defendant suffered from the accident in this case. Thus, the defendant shall return to the plaintiff 4,366,310 won already paid as the medical expenses of the above injury and the damages for delay, and the damages for delay shall be refunded as unjust enrichment.

B. The defendant filed a counterclaim by the defendant, although the accident in this case occurred with the revolving of the left 7 weeks of medical treatment, and the upper pelle of the left pelle of the pelle and the upper pelle of the upper pelle of the left pelle, the defendant suffered from the pelle of the upper pelle of the upper pelle, it is a restriction on the movement of the left pelle and the left pelle.