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 a mutual aid business entity that has entered into a mutual aid agreement with respect to Asi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 8, 2017, at around 19:05, C had a part of the left upper part of the Plaintiff’s vehicle, which was straighten from five lanes to one lane in order to enter the road near the Ecafeteria located in Gyeyang-gu Incheon Metropolitan City by driving the Defendant vehicle and drive it on the left upper part of the Defendant vehicle.

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

At the time of the instant accident, the Defendant paid KRW 4,283,140 to the passenger F on board the Plaintiff’s vehicle with medical expenses, and KRW 1,179,650 to the repair cost of the Defendant’s vehicle.

On April 11, 2017, the defendant filed a petition for deliberation with the committee for deliberation on the disputes over indemnity.

On July 4, 2017, the committee of deliberation on indemnity claims recognized the Plaintiff’s liability ratio of 30% and the Defendant’s liability ratio of 70%, and decided to pay KRW 1,638,837, equivalent to 30% of the insurance money paid by the Defendant to the Plaintiff.

E. On July 18, 2017, the Plaintiff paid KRW 1,638,837 to the Defendant according to the above decision.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. In the Plaintiff’s instant accident, there is no fault in the Plaintiff’s vehicle. Since the Defendant’s reimbursement amount that the Plaintiff received from the Plaintiff does not have any legal ground, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment 1,638,837 won and delay damages therefrom.

3. Determination of evidence Nos. 1-2, 3, 2-2, 3, 8, and 9 may be revealed in light of the following: (a) the developments leading up to the instant accident; (b) the current status of the scene at which the accident occurred; (c) the location of the Plaintiff’s vehicle and the Defendant’s vehicle at the time of the accident; and (d) the impact level at the time of the accident.