1. The Defendant’s KRW 44,51,180 among the Plaintiff’s KRW 26,217,180, and KRW 18,34,000 from August 31, 2013.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with B (hereinafter “Plaintiff”) and the Defendant is a driver of Ch 100-wheeled Vehicle (hereinafter “Defendant”).

B. On March 8, 2012, the Defendant driven the Defendant’s vehicle without a motorcycle driver’s license on March 21, 2012, and proceeded in violation of the stop signal at the intersection in front of the 6-lane village complex in Seongbuk-gu, Sungnam-si, Sungnam-si, and caused the Plaintiff’s car driven by C.

(hereinafter referred to as “instant accident”). C.

By August 30, 2013, the Plaintiff paid insurance proceeds of KRW 26,217,180 for the Defendant’s medical expenses, and KRW 18,334,00 for the Plaintiff’s vehicle on September 26, 2012.

(hereinafter “instant insurance proceeds”). D.

On the other hand, the defendant was punished by a fine of KRW 3 million in the Sungwon District Court 2014DaMa152 decided September 16, 2014 as a violation of the Road Traffic Act due to the instant accident, and the defendant appealed in the above judgment and is currently proceeding at the court of appeal.

(U.S. District Court 2014No5475). 【Ground of Recognition】 There is no dispute, and described in Gap 1 through 5 (including virtual numbers).

2. Determination on the cause of the claim

A. According to the above facts, the medical expenses paid by the Defendant due to the instant accident are not legal grounds and are obligated to return them to the Plaintiff with unjust enrichment. The Defendant’s driver and the tortfeasor are liable to compensate the damages suffered by the victim of the instant accident.

(The plaintiff acquired by subrogation the right to claim damages against the defendant of the victim in accordance with Article 682 of the Commercial Code with respect to the insurance money paid by the plaintiff's vehicle repair cost.

Therefore, with respect to the Plaintiff’s unjust enrichment and indemnity amounting to the sum of KRW 44,51,180, and medical expenses of KRW 26,217,180 from August 31, 2013, which is the day following the last payment date, and with respect to KRW 18,334,00 from September 27, 2012, which is the day following the payment date, the Defendant served each written complaint from September 27, 2012.