1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a vehicle A re-scheduled A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to a vehicle B human vehicle (hereinafter “Defendant vehicle”).

B. On April 20, 2014, around 23:55 on April 20, 2014, the Plaintiff’s vehicle conflict with the Defendant’s vehicle while driving three lanes in the high speed road between Suwon-dong, Gangnam-gu, Seoul.

(hereinafter “instant accident”). C.

The defendant paid insurance money of KRW 3,748,00 at the repair cost of the defendant's vehicle, and filed a claim against the plaintiff for deliberation by the committee for deliberation on disputes over indemnity with 2014-104753.

On October 13, 2014, the committee for deliberation on indemnity has decided to set the ratio of the Plaintiff’s liability at 70%, and the Plaintiff paid KRW 2,191,700 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 4, the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident was mainly caused by the Defendant’s negligence, and sought a return of unjust enrichment regarding the amount exceeding 40% of the total amount of damages, among the money paid by the Plaintiff, from which the Plaintiff claimed that the instant accident was caused by the Defendant’s negligence. The Defendant asserted to the effect that: (i) the decision of the Deliberation Committee on Compensation for Damages was already finalized; (ii)

3. Determination

A. First, we examine whether the decision of the indemnity dispute deliberation committee has become final and conclusive.

In full view of each statement in Eul's evidence Nos. 1 and 2, Article 27 (1) of the Mutual Agreement on the Deliberation of Dispute over Claim for Compensation of Automobile Insurance provides that "where the petitioner or the respondent does not make a request for review prescribed in Article 25 or bring a lawsuit prescribed in Article 26 within 14 days from the date on which he/she received a notice of decision of the Deliberative Committee, the decision of the Deliberative Committee shall become final and conclusive, and the mutual agreement on the deliberation of