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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit shall be.
Reasons
1. On March 12, 2008, around 7:47, 2008, B driven a C Freight and proceeded four-lanes of the four-lane road in front of the E-Maintenance Station in Busan Seo-gu, Busan, with the trigram law room from the front intersection. On March 12, 2008, the Defendant’s U.S. driver, who was on the right right right right right right right right right right right right right right right right right right right right right right
(hereinafter “instant accident.” The Plaintiff concluded a comprehensive automobile insurance contract (from March 24, 2007 to March 24, 2008) with respect to the said cargo vehicle, and paid KRW 5,788,600 to the hospital treated by the Defendant during the period from March 12, 2008 to February 2, 2017, as KRW 9,680,000 to the Defendant’s medical expenses, etc.
[Reasons for Recognition] Facts without dispute, Gap evidence 5-1, 2, 3, Eul evidence 1, and Eul evidence 2
2. Determination on the main claim
A. The Plaintiff asserted that the Plaintiff paid KRW 65,468,60,00 in total due to the Defendant’s medical expenses, etc., and the Defendant had already been sulpered, kneeing, kneeing, melting, high blood pressure, climatic pressure, light-fluoring, fiber cells, f5,68,600 paid by the Plaintiff for medical expenses, etc., and all of the 65,468,600, which was paid by the Plaintiff to the Defendant for the treatment of the Defendant’s sulpera, and was not for the treatment of the injury caused by the instant accident, and thus, the Defendant ought to return the above 65,468,600, which was unjust enrichment.
However, even if it is not so, the injury suffered by the defendant due to the accident of this case is limited to the outdoor part, and the treatment is completed within six months, and 64,684,610 won paid after six months from the date of the accident must be returned.
B. As a result of the physical examination commission to the head of the New University, the time when the Defendant conducted the physical examination of the Defendant’s friendly vision and the visual disability at the main center, the time when the physical examination was conducted for several years since January 26, 2016.