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

The purport of the claim and appeal is the purport of the appeal.

The plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with A bus (hereinafter referred to as "Plaintiff vehicle"), and the defendant is an insurer who has entered into a motor vehicle insurance contract with B (hereinafter referred to as "Defendant vehicle").

The outline of the instant traffic accident is as follows.

On August 20, 2016, the date and time of the accident: Around 17:20 on August 20, 2016: An accident occurred with the Defendant vehicle entering the said intersection and proceeding on the right side of the direction of the vehicle while the Plaintiff vehicle entered the said intersection in accordance with a road of 1032 Do-do Do Do Do Do Do Do-ro.

At the time, yellow lights were on-and-off on the signal of the above intersection.

The Defendant paid KRW 2,859,000 to the Defendant’s vehicle repair cost, etc., and then filed a petition for deliberation with the Plaintiff at the Deliberation Committee on Compensation Money Dispute (hereinafter referred to as the “Deliberation Committee”).

On December 19, 2016, the Deliberation Committee decided to deliberate and coordinate the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to 5:5. On December 26, 2016, the Plaintiff paid KRW 1,429,500 to the Defendant as damages according to the deliberation and coordination decision by the Deliberation Committee.

[Ground of recognition] The Plaintiff’s ground of appeal was without dispute, and the Plaintiff’s ground of appeal was entered the intersection where the Plaintiff’s vehicle did not control traffic at the time of the instant accident, and the fault of the Plaintiff’s vehicle should be recognized to be less than 30%.

The defendant's money received from the plaintiff according to the erroneous decision of the Deliberation Committee constitutes unjust enrichment, and the defendant is obligated to return it to the plaintiff.

Judgment

According to the relevant regulations and the legal principles, and Articles 25(6) and 26(1) through (3) of the Road Traffic Act, drivers of vehicles who intend to enter the “intersection not under traffic control” shall be as follows: