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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Plaintiff Company B (hereinafter “Plaintiff”), and the Defendant is the driver of the instant two-wheeled vehicle.
B. On July 9, 2017, around 10:50, the Defendant’s vehicle, who was driving in the direction of a new direction in the direction of a new one in the street near the heungdong-dong Mungdong-dong (hereinafter “instant accident”), committed an accident that shocks the front part of the Plaintiff’s vehicle, which was moving in bypass to the front part of its wheels (hereinafter “instant accident”).
C. On September 1, 2017, the Plaintiff paid KRW 3,685,300 to the Defendant for medical expenses incurred from the instant accident.
[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 8, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The instant accident occurred due to the Defendant’s total negligence, which caused the Plaintiff’s shock of the Plaintiff’s vehicle, which was under normal driving in the middle of the safety zone. However, since the Plaintiff paid medical expenses of KRW 3,685,300 to the Defendant, the Defendant is obliged to return KRW 3,685,300 to the Plaintiff as unjust enrichment.
B. Article 13(5) of the Road Traffic Act provides that drivers of vehicles and horses shall not enter places where entry is prohibited by safety signs, such as safety zones.
In light of the circumstances surrounding the accident and the location of each vehicle and the degree of collision, which can be seen by the evidence mentioned above, the accident of this case is located near the accident as shown in the attached image, and the defendant is driving a straight-down and should not enter the safety zone, and it is reasonable to view that the accident of this case was caused by the prior negligence of the defendant.
Therefore, the defendant shall pay 3,685,300 won to the defendant for unjust enrichment.