The judgment of the first instance shall be modified as follows:

Defendant B, Defendant B, Defendant C, and Defendant C, KRW 4,968,940.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract for the E truck owned by D (hereinafter “Plaintiff”) and the Defendant B is the driver of the Fcar (hereinafter “Defendant”).

B. On May 5, 2019, at around 08:10, Defendant B driven the Defendant’s vehicle and proceeded along two laness from the center in the Busan metropolitan traffic Daegu (hereinafter “instant intersection”) along the five-lanes, there was an accident that conflicts between the left edge of the Plaintiff’s vehicle on the top of the steering line of the Defendant’s vehicle and the left edge at the third-lane of the said intersection (hereinafter “instant accident”).

C. By July 1, 2019, the Plaintiff paid to Defendant B the sum of KRW 1,50,000 and KRW 4,068,260,00,000 for medical expenses and KRW 2,568,260 for medical expenses, and the sum of KRW 2,50,000 for medical expenses and KRW 2,468,940 for medical expenses and KRW 4,968,940 for each of the Defendant C who joined the Defendant’s vehicle.

(hereinafter referred to as “the instant insurance proceeds”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendants, despite being aware of the fact that the instant accident occurred due to the total negligence of Defendant vehicle, were unable to claim insurance proceeds, were aware of the fact that the Defendants, thereby deceiving the Plaintiff, thereby demanding and receiving KRW 9,037,200 of the instant insurance proceeds (= KRW 4,068,260, KRW 4,968,940). Therefore, the Defendants jointly and severally liable for damages equivalent to the said insurance proceeds to the Plaintiff. 2) Although the instant accident occurred due to the total negligence of Defendant vehicle, the Plaintiff paid the Defendants KRW 9,037,200 of the instant insurance proceeds under the pretext of medical expenses and mutual agreement.

Therefore, the Defendants shall jointly and severally return the above insurance money and damages for delay to the Plaintiff as unjust enrichment.

B. The Defendants’ assertion 1) The instant accident did not arise from the total negligence of Defendant vehicle. 2) The instant accident also occurred.