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 an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On November 28, 2017, around 22:40, at around 22:40, there was a traffic accident that conflicts with the Plaintiff’s vehicle parked on the three-lane road, such as the summary map at the scene of the accident (hereinafter “instant traffic accident”) with the Defendant’s vehicle parked on the three-lane road of the said road (hereinafter “instant traffic accident”).

The above accident site is a place where parking is prohibited at night, and F was driving at the time of the accident under the influence of 0.108% of alcohol concentration in blood.

C. On June 4, 2018, the Defendant filed a petition with the indemnity fee dispute deliberation committee for deliberation on the instant traffic accident, and the indemnity fee deliberation committee decided to recognize the rate of fault liability between the Plaintiff and the Defendant’s vehicle as “10:90.”

The main reason for the decision is that the main reason of the traffic accident in this case is that the driver's drinking driving of the defendant's vehicle, or that the plaintiff's vehicle was illegally parked at night.

Due to the instant traffic accident, the Plaintiff paid KRW 18,720,000 to the Defendant as the insurer of the Plaintiff’s vehicle twice on June 27, 2018 and June 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 7, Eul evidence Nos. 1 to 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the instant traffic accident occurred due to the drinking driving of F, which is the Defendant’s driver, and is not caused by the illegal parking of the Plaintiff’s driver.

As such, the instant traffic accident occurred due to F’s total negligence, the Defendant is obligated to return the said KRW 18,720,000 paid to the Plaintiff as unjust enrichment.

B. Based on the above facts of recognition and the evidence presented earlier.