부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the Defendant Company B (hereinafter “Defendant Vehicle”).
B. On November 17, 2012, around 02:29, the Defendant’s vehicle was driving ahead of the previous vehicle, which did not depart from the fact that it was changed to the right-hand turn signal at the time and went to the right-hand turn turn, and the Defendant’s driver died (hereinafter “the instant accident”).
C. On April 27, 2015, the Defendant filed a request with the Plaintiff for deliberation by the committee for deliberation on disputes over reimbursement of automobile insurance, and the said deliberation committee set the ratio of negligence between the Plaintiff and the Defendant on April 27, 2015, and decided to deliberate and coordinate the same.
Accordingly, on May 13, 2015, the Plaintiff paid the amount of KRW 19,979,840 to the Defendant.
[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 7, the purport of whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the accident in this case occurred due to the failure of the defendant vehicle to proceed in violation of the signal and the normal left-hand turn pursuant to the new code, and that the defendant must return the above amount received from the plaintiff to the plaintiff as unjust enrichment.
As to this, the Defendant asserted to the effect that the instant accident was caused by the Plaintiff’s fault on the part of the Plaintiff’s vehicle, even though the preceding vehicle stopped without proceeding to the left-hand turn signal, it was unreasonable to overtake the preceding vehicle and enter the intersection.
B. According to the above facts of recognition, the main cause of the instant accident is as follows.