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. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff Company B (hereinafter “Plaintiff”), and the Defendant is the driver of the Defendant Company C (hereinafter “Defendant Vehicle”).

B. D, around April 18:26, 2014, while driving the Plaintiff’s vehicle and driving the front road in front of the Seocheon-gu, Seocheon-gu E, Seocheon-si, caused an accident where the rear aft of the Defendant vehicle stopped in front of the signal signal at the Hancheon-gu Intersection, and caused an accident where the rear gate of the Plaintiff vehicle stopped in front of the Plaintiff vehicle.

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

After the accident of this case, the Defendant complained of the trees, shoulders, and lusium pains, etc., and was treated in F Council members, etc.

By June 23, 2014, the Plaintiff paid insurance proceeds of KRW 836,780 in total with the Defendant’s hospital treatment costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant suffered injury although he did not suffer injury due to the accident of this case, and claimed insurance money, thereby receiving hospital treatment fees from the plaintiff and causing losses to the plaintiff, and thus, the above insurance money is obligated to return 836,780 won as unjust enrichment.

3. According to the statement in Gap evidence No. 5, the accident of this case is determined that the speed of the plaintiff's vehicle at the time of the collision of the defendant's vehicle was lower than about 8 km/h of the plaintiff's vehicle at the time of the collision of the accident of this case, considering the Madle (MAYMO), which is a traffic accident interpretation program for the accident of this case, the National Research and Investigation Agency, which is requested by the Busan High Police Station, to appraise the accident of this case, the degree of minor damage of the plaintiff's vehicle and the defendant's vehicle, and the situation leading to the collision, the accident of this case is determined that the speed of the plaintiff's vehicle at the time of the collision of the defendant's vehicle was lower than 8 km/h of the vehicle. Thus, the defendant's injury caused by the accident of this case.