1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

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

B. On May 14, 2017, at around 11:10, the Plaintiff’s vehicle is proceeding three lanes in front of the D gas station located in Ulsan Nam-gu C, Ulsan-gu. However, while the Defendant’s vehicle coming from the oil station at the above station and entered the above three-lane, the front side of the Plaintiff’s vehicle was shocked in front of the left side of the Defendant’s vehicle.

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

The Defendant paid 53 million won as damages for the instant accident, and then filed a petition for deliberation against the Plaintiff for deliberation by the committee for deliberation on disputes over indemnity (hereinafter referred to as the “Deliberation Committee”).

On September 11, 2017, the Deliberation Committee decided to calculate the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle 3:7. The Plaintiff paid KRW 14,454,550, which is a part of the Defendant on September 15, 2017 (i.e., KRW 53 million x 30%) to the Defendant on September 15, 2017, according to the decision of the Deliberation Committee.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7, images, the purport of whole pleadings

2. The assertion and judgment

A. At the time of the instant accident, the Defendant’s vehicle entered the road at the gas station. However, despite the preferential right of the Plaintiff’s vehicle on the road, the instant accident occurred by neglecting the duty of care, and thus, the instant accident occurred due to the total negligence of the Defendant’s vehicle, and the Defendant should return the money that the Plaintiff received to the Plaintiff as unjust enrichment.

B. The following facts and circumstances acknowledged based on the evidence and the purport of the entire pleadings as seen earlier, namely, the Defendant vehicle entering the road in which the Plaintiff vehicle was proceeding.