1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1.The following facts may be found either in dispute between the parties or in the entries or videos set forth in Gap evidence 1 to 5 together with the whole purport of the pleadings:

The Plaintiff is an insurer who entered into an automobile insurance contract with B with respect to the C Vehicle owned by the Plaintiff (hereinafter referred to as the “Plaintiff”).

B. At around 09:40 on October 16, 2013, the Defendant driven a d-road intersection with a traffic signal at 404, Jin-Eup, Jin-si, Namyang-si (hereinafter “Defendant vehicle”) and proceeded from the shills of the shills of the Defendant vehicle to the front side of the Defendant vehicle while the traffic signal at the front side was stopped, despite the stop signal, the traffic signal at the front side was at the time, due to the direct negligence in violation of the signal, cut off the above road from the national road No. 46 located on the upper part of the above road to the above road and proceeded to the private shills of the left-hand turn to the private slopings of the left-hand turn.

(hereinafter referred to as the “instant accident”). C.

Upon the Defendant’s request, the Plaintiff paid total of KRW 37,678,780 from March 6, 2014 to May 30, 2014 to the Defendant as advance payment under Article 11 of the Guarantee of Automobile Accident Compensation Act.

2. The parties' assertion

A. The Plaintiff’s instant accident occurred only from the unilateral negligence due to the Defendant’s violation of signal signals, and there was no error against the Plaintiff’s driver, and the Defendant should return the money received as advance payment from the Plaintiff as unjust enrichment.

B. At the time of the instant accident, the Defendant had already entered the intersection by driving the Defendant’s vehicle, and thus, the Plaintiff’s driver as the driver of the Plaintiff’s vehicle was negligent in driving the Plaintiff vehicle while neglecting his duty to stop or slow down until the Defendant moves out of the intersection, despite having discovered the Defendant who first entered the intersection.

I would like to say.

Such mistake of the driver of the Plaintiff’s vehicle causes the instant accident.