1. The Plaintiff (Counterclaim Defendant) paid KRW 7,885,274 to the Defendant (Counterclaim Plaintiff) and against this, from February 12, 2016 to November 16, 2017.

1. Determination on the principal lawsuit and counterclaim claim

A. The Plaintiff’s assertion 1) caused damages to KRW 5,805,80 with the repair cost of the Defendant’s vehicle and KRW 16,800,000 with the repair cost of the Defendant’s vehicle. Although the Defendant had already received KRW 18,00,000 from the Plaintiff’s insurance company to pay KRW 3,805,80,00, the Defendant is disputing the Defendant, the Plaintiff is seeking confirmation that the Defendant’s liability for damages arising from the instant accident does not exist in excess of KRW 3,805,80. 2) As the Defendant’s repair cost of the damaged vehicle, KRW 24,021,172 with the repair cost of the damaged vehicle, KRW 4,171,50 with the repair cost of the damaged vehicle, KRW 300,00 with the decrease in the value of the damaged vehicle and KRW 300,300,000 with the decrease in the value of the damaged vehicle due to the transaction or use condition of the damaged vehicle, the decrease of KRW 300.

Therefore, even if the Plaintiff excluded the amount of KRW 18 million paid to the Defendant as compensation for damages caused by the instant accident, the Plaintiff is obligated to pay at least KRW 20 million, so it shall be claimed as a counterclaim.

If the loss is not recognized due to the reduction in the exchange value as above, the defendant is able to recover the loss of day due to the delay in repair of the plaintiff, the expenditure of fixed expenses, and the decline in the exchange value of the damaged vehicle. Therefore, the defendant is able to claim consolation money of KRW 10 million in advance.

B. The Plaintiff, at around 08:30 on February 12, 2016, caused damage to the Defendant’s ownership due to the Plaintiff’s full-time care in front of the non-exclusive high school in Pyeongtaek-si, Pyeongtaek-dong.