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. Facts of recognition;

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

B. At around 12:05 on March 22, 2013, D, a child of a Party A, driven the Plaintiff’s vehicle and proceeded along the third line of the front line of the Sungdong Industrial High School located in Jungdong-gu, Seoul with one lane from the boundary line of the new intersection to the intersection of the intersection of the two lanes. While changing the course from the intersection of the two lanes, D, a taxi in the number of non-string a stop in the front line of the two lanes, returned back to one lane by avoiding the number of the taxi and returning to another. On the other hand, there was an accident that conflicts between the front line part of the Defendant’s vehicle and the back part of the back one part and the boomer on the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. After paying KRW 5,490,000 as insurance money at the repair cost of the Defendant’s vehicle due to the instant accident, the Defendant filed a claim with the committee for deliberation on indemnity payments for the payment of KRW 4,941,00 equivalent to 90% of the said payment amount as the indemnity amount. Accordingly, on July 15, 2013, the committee for deliberation on indemnity payments decided to the effect that the Defendant’s vehicle and the Plaintiff’s vehicle shall be equally divided into negligence, and that the Plaintiff shall pay KRW 2,745,00,000 equivalent to 50% of the said payment amount to the Defendant.

On December 4, 2013, the Plaintiff paid KRW 2,745,00 in accordance with the decision of the above deliberation and coordination. On December 20, 2013, the Plaintiff filed the instant lawsuit seeking return of the said KRW 2,745,00 against the Defendant as unjust enrichment.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 through 5 evidence or video (including each number), the purport of whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion is the front vehicle of the Defendant’s vehicle, and at the time of the instant accident.