1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter referred to as “Plaintiff”) Defendant Insured vehicle (hereinafter referred to as “Defendant vehicle”) CD on September 12:20, 2017 at the time of the accident is as shown in the attached traffic accident report drawings at the point 26 km (on the front side of the front port of the front port of the front port of the city) of the 10:20 square meters in order to prevent the collision.

10,582,00 won paid for the insurance money of the plaintiff vehicle and Me1

B. The Defendant filed an application with the Plaintiff for deliberation and resolution of the instant accident with the committee for deliberation and resolution of the instant accident, and the committee for deliberation on the amount of indemnity was first determined as the Plaintiff 70:0,000 for the instant accident, but the committee for deliberation on the amount of indemnity was determined as the Defendant 30. In the retrial procedure, the Plaintiff determined as the Defendant 60 to pay the amount of indemnity equivalent

C. On March 19, 2018, the Plaintiff paid KRW 4,232,80 to the Defendant on March 19, 2018, and filed the instant lawsuit.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's 1 through 11 (including branch numbers, if any) and the purport of whole pleadings

2. Determination:

A. The gist of the parties’ assertion 1) The instant accident is an accident that occurred in the course of the abnormal overtaking of the Defendant’s vehicle, and is due to the negligence of the Defendant’s vehicle without any negligence on the part of the Plaintiff. Therefore, the Plaintiff’s 4,232,800 won paid by the Plaintiff according to the decision of the Deliberation Committee on Compensation for Damages constitutes unjust enrichment, and the Defendant is obligated to pay the said money and the damages for delay thereof to the Plaintiff. (2) The instant accident is an accident that the Plaintiff’s vehicle was changed from a two-lane to a one-lane vehicle while the vehicle was in the same way. In the event of a collision between the ordinary straight-line vehicle and the altered vehicle, the fault of the altered vehicle is set at 70%. In this case, taking into account the speed of the Defendant’s vehicle.