1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The circumstances leading up to the instant accident are as follows.

On December 19, 2016 at the time of the accident, the insured vehicle A, the insured vehicle A, and the insured vehicle B, at the time of the accident, had the insured vehicle (hereinafter referred to as “Defendant vehicle”) under the situation of the collision of 104-lanes at the location of the 104-lanes (hereinafter referred to as “the insured vehicle”) and passed the stop line at the time of the change to the red signal from the yellow signal to the above intersection, and the insured vehicle (hereinafter referred to as “Plaintiff vehicle”) going through the stop line as is at the time of the change to the red signal at the above intersection, was paid 3,100,00,000 won in advance from the right side of the course to the left (hereinafter referred to as “Plaintiff vehicle”), but the Defendant applied for deliberation and mediation on the instant accident against the Plaintiff on March 20, 2017, but applied for the reimbursement rate of 1,300,000 won in excess of the fixed amount of 4,300,000 won.

On June 30, 2017, the Plaintiff paid KRW 310,000 to the Defendant, and filed the instant lawsuit on July 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3 through 6 (including paper numbers) and the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident occurred due to the unilateral negligence of the Defendant’s vehicle, and that the full amount of the payment paid by the Plaintiff and the delay damages therefrom should be refunded as unjust enrichment. The Defendant asserted that the instant accident occurred in competition with the negligence of the Plaintiff’s driver, and thus, the amount determined by the Committee for Deliberation on Settlement of Disputes cannot constitute unjust enrichment.

The driver of a vehicle shall comply with the signal indicating the traffic safety facilities (Article 5 (1) of the Road Traffic Act), check the signal signal, etc. and check the signal.