1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to a limited liability company and Category B A-W-W-W-Wed Automobile (hereinafter “instant automobile”).

B. On October 16, 2015, the Defendant driven a bicycle on or around 06:10, and changed the course to a two-lane to cross the road in order to cross the road while driving in the direction of a mountain village located in the vicinity of the three-lane road in front of the Jeju Coast Guard located in the Jeonju-gun. On the surface of the mountain village located at the time, the Defendant conflict with the front part of the instant vehicle driven by Nonparty E, driving at a speed of 51 to 60 kilometers per hour in the direction of the Jeonju-gun.

C. The Defendant suffered from the injury to the pelke, the pelke, the pelke, and the evabrate, due to the instant accident, and received medical treatment at the Jeonbuk University Hospital, etc.

From October 16, 2015 to October 10, 2016, the Plaintiff paid total of KRW 18,267,280 to the Jeonbuk University Hospital, etc. as the Defendant’s medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 3-3 to 10, and the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff driving a bicycle without permission because the defendant driven along the road while driving the bicycle, and cross the road in violation of the method of crossing the bicycle crossing under the Road Traffic Act, the accident of this case is only caused by the defendant's unilateral negligence, and the driver of this case claims the return of unjust enrichment equivalent to the medical expenses paid by the plaintiff to the defendant on the ground that there is no negligence.

3. Determination

A. According to the above recognition facts as to the negligence of the driver of the instant vehicle, the instant accident caused the Defendant’s primary negligence, which occurred while driving the bicycle and driving it on a railroad without permission.

However, a person involved in road traffic shall observe road traffic-related laws and regulations to prevent accidents.