The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On November 16, 2018, around 16:40, the Defendant’s vehicle, which was left left at a two-lane in the intersection of the Seo-gu, Seo-gu, Busan, Seo-gu, entered the same lane narrowly and had an accident attributable to the front side of the Plaintiff’s vehicle, which was left left at the left at the first lane of the driver’s seat part.

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

On March 18, 2019, the committee for deliberation on the dispute over reimbursement of automobile insurance decided to adjust the percentage of negligence on the part of the plaintiff 10% and the defendant 90% (hereinafter “instant mediation decision”), and on April 12, 2019, the instant mediation decision became final and conclusive.

The Defendant paid KRW 3,469,200 as the repair cost of the Defendant’s vehicle. On May 31, 2019, the Plaintiff paid KRW 346,920 equivalent to the share of the Plaintiff’s vehicle’s fault in the instant adjustment order among the above insurance money that the Defendant paid to the Defendant as the reimbursement amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 6 and 7, the whole purport of the pleading

2. The assertion and judgment

A. (1) The Plaintiff’s instant accident is an accident caused by the Defendant’s unilateral negligence in breach of the duty not to change the course in the intersection on a one-lane way in which the Plaintiff’s vehicle is in normal course, and thus, it is reasonable to evaluate the rate of negligence of the Defendant’s vehicle as 10%.

Therefore, since the amount of indemnity paid by the Plaintiff to the Defendant was paid without any legal ground, the Defendant is obligated to return it to the Plaintiff.

(2) The instant accident was caused by the negligence of the Plaintiff’s vehicle, which caused the negligence of the Plaintiff’s vehicle, which neglected the duty to keep the left at a narrow level in making a left-hand turn, and the circumstances leading up to such accidents.