1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 351,673 and to the plaintiff on July 2, 2018.

1. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C Vehicle (hereinafter “Plaintiff”).

Plaintiff

Around 22:00 on February 3, 2018, when the vehicle driven along the alley road of Songpa-gu Seoul Metropolitan Government Newcheon-dong, Songpa-gu, Seoul, there was an accident of shocking the defendant who appeared as a suddenly from the front side of the plaintiff's vehicle to the front side of the vehicle.

The plaintiff paid a total of 502,390 won to the defendant for medical treatment.

[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The instant accident was wholly caused by the Defendant’s negligence. The medical expenses that the Plaintiff paid to the Defendant are unjust enrichment, and thus, the Plaintiff’s driver is also at fault, such as the Defendant’s violation of the duty of protection of pedestrians, the failure to perform the duty of care on the front and the violation of the duty of care.

The treatment costs received by the defendant are not unjust gains.

B. Comprehensively taking account of the following circumstances acknowledged by each evidence of this case as to the ratio of liability, it is reasonable to deem that the Defendant’s negligence exceeds 70%, and thus, the Plaintiff’s responsibility is 30%.

The Defendant stated at the date for the second preparatory pleading of the instant case that “at the time of the instant accident, the alcohol was in a more drinking condition.”

The Defendant, without examining the Plaintiff’s attitude, immediately entered the vehicular road.

(A) Bable image of the plaintiff (hereinafter referred to as "A"). It does not seem that the plaintiff's vehicle is too high.

However, the instant accident place is not clearly distinguishable from the sidewalk and the roadway, which is called the so-called “grolley trees (limited speed 30 kilometers per hour (see e.g., 1 to 3).” At the time of the instant accident, many pedestrians walk on the right side of the Plaintiff’s vehicle in the direction of the accident.

Therefore, as the plaintiff's vehicle, a more string and a thorough view of the movement of the players is done.