1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into a mutual aid agreement with respect to the vehicle B (hereinafter “Defendant”).

B. On August 2, 2016, around 04:40, the Plaintiff’s vehicle entered the intersection in the situation where yellow signal is on-off and off while driving a road, which is a 1-lane wide-ro 16-lanes around the Seoul Seocheon-gu, Seoul, along the right side of the Plaintiff’s vehicle, while driving along the road that is a one-lane for the Plaintiff’s vehicle, and the Defendant’s vehicle went to the left side at the intersection where the left turn is prohibited, and the front side of the Plaintiff’s vehicle was shocked to the right side of the Defendant’s vehicle.

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

The Defendant paid KRW 3,489,420 as damages against the Plaintiff’s vehicle, and then filed a petition for deliberation against the Plaintiff at the Deliberation Committee on the Compensation Money Dispute (hereinafter “Deliberation Committee”).

The Deliberation Committee made a decision on the calculation of the negligence ratio of the plaintiff vehicle and defendant vehicle 1:9, and the plaintiff appealed and filed an application for re-deliberation, but the Deliberation Committee made a decision on April 10, 2017.

E. The Plaintiff paid 348,940 won to the Defendant (i.e., the above 3,489,420 won x 10% x 10%, and the unit server) upon the decision of the Review Committee.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7, images, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred while the defendant vehicle made a left turn at the intersection where the left turn is prohibited. Since the accident in this case occurred due to the total negligence of the defendant vehicle, the defendant is obligated to return the money that the defendant received to the plaintiff as unjust enrichment.

B. The following facts are recognized based on the evidence and the purport of the entire pleadings as seen earlier.