The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C and D (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with E and F vehicles (hereinafter “Defendant vehicle”).

B. At around 1:10 on September 30, 2017, the Plaintiff’s vehicle passes the said intersection at a speed of about 88 km from the signal signal from the front of the Seo-gu Daejeon Building, Seo-gu, Daejeon, along the normal signal, and the Defendant’s vehicle entering the intersection by violating the signal on the left side of the Plaintiff’s vehicle, was the front part of the Plaintiff’s driver’s seat (hereinafter “the instant accident”). As the Defendant’s vehicle was pushed down due to the shock of the collision, the front left part of the traffic signal (H) at the said intersection was shocked on the front part of the Defendant’s vehicle.

C. With respect to the instant accident, the committee for deliberation on indemnity disputes decided that the ratio of negligence between the Plaintiff and the Defendant’s vehicle was 10%: 90%.

On March 27, 2019, the Plaintiff paid KRW 3,638,967 to the Defendant on March 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 13, 14, Eul evidence 1-1 to 3, Eul evidence 3-1 to 8, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff asserts that, around the other hand, the plaintiff should return 3,638,967 won of the insurance money paid by the plaintiff to the plaintiff as unjust enrichment, since the plaintiff agreed to recognize the negligence of the defendant as 100% in relation to the accident of this case between the plaintiff and the defendant.

According to each description of Gap evidence Nos. 5 through 9 (including paper numbers), after the accident of this case, the plaintiff sent a document claiming compensation to the defendant's side with the negligence of the defendant's vehicle at 100%, and the defendant's side has the own car and the injury.