1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

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

B. On July 11, 2018, around 17:55, the Plaintiff’s vehicle was in the front part of the Defendant’s vehicle with the front side of the Plaintiff’s vehicle, along the green light of the vehicle signal apparatus in the direction-setting at the 17th city of Yansan-gu, Yancheon-gu, 17th bank. The Defendant’s vehicle on the road entered the front part of the Defendant’s vehicle in order for the Defendant’s vehicle, which was in the road, to straighten through the intersection and straighten the intersection.

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

The Defendant paid KRW 8,672,790 insurance money to E who is the passenger of the Plaintiff and F who is the driver of the Defendant’s vehicle.

Since then, the Defendant filed an application with the Plaintiff for deliberation and mediation of the instant accident with the committee for deliberation on indemnity disputes (hereinafter referred to as the “Deliberation Committee”).

On December 24, 2018, the small deliberation committee decided that the ratio of the responsibility of the Plaintiff’s vehicle and the Defendant’s vehicle shall be 20% to 80%, and the re-deliberation committee decided on March 4, 2019 that the above ratio of liability shall be 10% to 90%.

On March 22, 2019, the Plaintiff paid KRW 2,978,960 to the Defendant according to the decision of the Review Committee.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, Eul evidence 1 and 4, Gap evidence 5 and 6, Eul evidence 3, the purport of the whole pleadings and arguments

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the unilateral negligence of the Defendant’s driver. Thus, the Defendant should return KRW 2,978,960 paid by the Plaintiff as unjust enrichment.

B. The accident of this case by the defendant is caused by the negligence of the driver of the plaintiff vehicle who did not pay due attention to the fact that the defendant's vehicle appears on the right side of the front side, and the negligence ratio.