1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. As to the Plaintiff’s automobile C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurance company that acquired each automobile insurance with respect to D Motor Vehicle (hereinafter “Defendant’s vehicle”).

B. On March 6, 2018, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle around 17:07, and received the Plaintiff’s vehicle back from the e-motor vehicle (hereinafter “victim’s vehicle”) prior to a four-lane point of 354 km in Seoul, Seo-gu, Seo-gu, Seoan-gu, Seoan-gu.

(hereinafter “1st accident.” At the time, the driver of the victimized vehicle stops on the five-lane, which is 500 meters wide, without immediately stopping the vehicle, and the driver of the Plaintiff and the driver of the vehicle stopped at the point 450 meters far behind the damaged vehicle. (c) At the time of the accident, the driver of the vehicle passes five-lane, the point where the accident occurred after the first accident, and the driver of the vehicle stops at the point 450 meters in the front of the damaged vehicle. While the vehicle of the Plaintiff was changing the vehicle into the four-lane, the driver of the vehicle avoided the vehicle by changing the vehicle into the four-lane, but tried to find and avoid the damaged vehicle which was stopped on the front side, but did not avoid the second accident (hereinafter “2nd accident”).

The Defendant paid KRW 31.2 million to the Defendant’s vehicle damaged due to the second accident, and filed a dispute deliberation with the G Committee against the Plaintiff and the Plaintiff and the victimized vehicle insurance company, and filed a claim for KRW 18,720,000 of the repair cost on the premise that the ratio of the Defendant’s driver’s fault is 40%.

Accordingly, the G Committee has no negligence of the driver of the damaged vehicle who is the victim of the primary accident even with respect to the secondary accident, and recognized 40% of the driver of the plaintiff's vehicle and 60% of the driver of the defendant's vehicle.

According to the decision of the G Committee, the Plaintiff paid 1,2480,000 won to the Defendant amounting to 40% of the repair cost, and filed the instant lawsuit seeking the return of unjust enrichment.

[Ground of recognition] A.