1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. As to the Plaintiff’s C Vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Defendant vehicle”).

B. On January 22, 2018, the Defendant filed a claim against the Plaintiff for reimbursement of KRW 686,00,000, which deducts the Defendant’s share of KRW 200,000 from the Defendant’s share of KRW 886,00,00, when the Plaintiff’s vehicle driven at one lane near the building in Jung-gu, Seoul and the two lanes due to traffic congestion (hereinafter “instant accident”). The Defendant asserted that the collision between the left-hand part of the Defendant’s vehicle driven at the two lanes and the front-hand part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The FF Committee determined that the ratio of negligence between the Plaintiff and the Defendant’s vehicle was 70%: 30% on the ground that “the instant accident appears to have occurred while the Plaintiff’s vehicle changed its lane.”

On October 11, 2018, the Plaintiff paid KRW 620,200 to the Defendant according to the FF Committee’s negligence ratio.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5, 6 and Eul 2, each entry and video

2. The assertion and judgment

A. 1) As the Plaintiff’s vehicle did not actually conflict with the Defendant’s vehicle in the course of changing its lane, the Defendant cannot be deemed to have suffered any damage from the instant accident, and the Defendant is obligated to return the Plaintiff’s amount paid as unjust enrichment to the Plaintiff, KRW 620,200, and delay damages. Even if the Plaintiff’s vehicle and the Defendant’s vehicle conflict with each other due to the instant accident, repair costs incurred to the Defendant as alleged by the Defendant, the Defendant’s reimbursement amount is 420,200 won (i.e., the Defendant’s vehicle repair cost of KRW 886,00 x 70% of the Plaintiff’s vehicle repair cost of the Plaintiff’s vehicle x 200,000 x self-payment of KRW 20,200,000 of the Plaintiff’s payment amount to the Plaintiff’s 620,200)