1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance with respect to Nonparty A and his owned B (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded each automobile insurance with respect to the vehicle C (hereinafter “Defendant”).

B. On October 27, 2013, at around 10:25, the Defendant’s vehicle changed to one lane for the Plaintiff’s right-hand side of the vehicle, which was in a straight line by the left-hand side of the Defendant’s vehicle, without turning on the direction direction, etc., while going straight along the two-lanes near the cross-sections of the cross-sections of the Yong-do Highway, Seosung-gun, Chungcheongnam-gun, Gangwon-do. (hereinafter “instant accident”).

C. On October 13, 2014, the committee for deliberation on indemnity claims established upon the Defendant’s request, rendered a decision to deliberate and coordinate the Plaintiff’s vehicle’s fault with 10% on October 13, 201, and with 90% on the negligence of the Defendant’s vehicle as 90%. According to the above decision, the Plaintiff paid KRW 429,100 to the Defendant on October 29, 2014, but the Plaintiff filed a lawsuit seeking restitution of unjust enrichment of this case against the Defendant’s objection and liability for 10%.

[Ground of recognition] Facts without dispute, Gap's statements (including branch numbers, if any) or video, the purport of the whole pleadings

2. In full view of the degree of the vicinity of the two vehicles as seen in the background of the above recognition as to the occurrence of unjust enrichment, it is reasonable to view that the instant accident occurred due to the gross negligence of the Defendant’s driver who changed the lane without turning over the direction direction, etc.

Therefore, although the defendant, as the insurer of the defendant vehicle, has a duty to compensate for all damages incurred by the traffic accident of this case, he received KRW 429,100 from the plaintiff and suffered damages equivalent to the same amount without any legal ground from the plaintiff, and the defendant obtained profits equivalent to the same amount.

I would like to say.

Therefore, unless there are special circumstances.