2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with C owner D vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with respect to E-wheeled vehicles (hereinafter “Defendant vehicles”).

B. On March 9, 2018, around 22:38, the Defendant’s vehicle, which was driven by the Plaintiff’s Plaintiff’s vehicle in the 667 Gojinnam Intersection as the Olympic Winter-gu Seoul Olympic Games, left the Plaintiff’s vehicle beyond the central line, and the Plaintiff’s vehicle is proceeding in the future, and there was a traffic accident that conflicts with the F vehicle (hereinafter “victim”) that was directed to the right-hand side from the left-hand side of the intersection in accordance with the new subparagraph (hereinafter “the instant accident”), and the details thereof are indicated on the attached site map.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Defendant paid KRW 14,498,150 in total due to the medical expenses incurred by the Plaintiff’s driver of the vehicle affected by the instant accident.

Although the accident of this case occurred due to the total negligence of the driver of the defendant vehicle, the defendant is obligated to return the amount equivalent to the above amount of indemnity to the plaintiff as unjust enrichment, since the plaintiff paid the amount of indemnity of KRW 5,715,250 (14,498,150 x 0.4) according to the mediation decision (hereinafter "mediation decision of this case") made by the Deliberation Committee (hereinafter "Deliberation Committee") organized by the mutual agreement on the deliberation of the dispute over the claim for reimbursement of automobile insurance (hereinafter "Mutual agreement of this case") to the defendant according to the ratio of liability of the plaintiff (40%) according to the mediation decision of this case.

(2) The settlement contract was concluded according to the mediation decision of the Defendant’s deliberative committee, and the Plaintiff’s payment of KRW 5,715,250 to the Defendant according to the settlement contract is not unjust, and the Defendant has no obligation to return it.