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. Basic facts

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

B. On July 10, 2017, around 19:33, the Plaintiff’s vehicle driven the two-lanes of the road located in the new road in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant road”). However, the driver of the Defendant’s vehicle parked on the side of the instant road opened the driver’s seat door of the Defendant’s vehicle, and the Plaintiff’s vehicle and the Defendant’s driver’s seat conflict.

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

The Defendant filed a claim against the Plaintiff for deliberation by the committee for deliberation on disputes over indemnity, and the above deliberation committee decided that the negligence in relation to the instant accident = 20:80, and accordingly, the Plaintiff paid KRW 1,408,030 to the Defendant on February 7, 2018.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's argument that the vehicle was running along the two-lanes of the road of this case, and did not reach a certain distance from the preceding vehicle, and did not follow the accident of this case. However, since the accident of this case occurred solely by the unilateral negligence of the defendant's vehicle, the defendant is obligated to return the money stated in the claim to the plaintiff as unjust enrichment. 2) The plaintiff's driver of the plaintiff's argument that the vehicle of this case was parked in the road of this case. Since the vehicle of this case was parked in a normal parking space, the plaintiff's negligence in the accident of this case is about 30%.