1. The Defendant’s KRW 1,659,898 with respect to the Plaintiff and KRW 5% per annum from November 23, 2016 to August 8, 2017.

1. Basic facts

A. On December 22, 2014, around 15:02, a traffic accident, such as the attached Form, (hereinafter “instant accident”) occurred.

B. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for one vehicle.

C. After the instant accident, the Plaintiff paid KRW 12,668,720 as the Defendant’s medical expenses, and the Defendant spent KRW 512,150 as the medicine expenses related to the treatment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 11, Gap evidence 13, Eul evidence 2 (including provisional number, hereinafter the same), the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is merely 3,071,675 won for damages sustained by the Defendant due to the instant accident (i.e., 1,057,855 won for shutdown damage during the period of hospitalization (i.e., 1,813,820 won for solatium 200,000), and the Plaintiff paid 12,668,720 won for treatment expenses in excess of 12,68,720 won for the instant accident. As such, the Defendant’s actual difference of 9,617,045 won for return of unjust enrichment to the Plaintiff (i.e., 12,668,720 won - 3,071,675 won). It appears that the Plaintiff calculated “12,68,720 won” as “12,68,720 won” as “12,720 won.

There is an obligation to pay damages for delay.

B. The Defendant’s alleged medical expenses of KRW 12,668,720 are all the medical expenses related to the instant accident, and in addition, the consolation money exceeding KRW 1,833,834 and KRW 200,000 should be recognized as the Defendant’s damages.

3. Determination

A. According to the above recognition of the liability for damages, the Plaintiff, a mutual aid business operator for one vehicle, is liable to compensate the Defendant for the damages suffered by the Defendant due to the instant accident, since B, a driver of one vehicle, violated the duty of front-time care and caused the instant accident.

B. In the event the damage was caused or expanded by competition between one harmful act of limitation on liability for damage and the harmful act of the injured party, the physical factors of the injured party are the physical factors.