1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”). The Defendant is the driver of the following vehicle C at the time of the following accident (hereinafter “Defendant vehicle”).

B. D, around 20:50 on May 15, 2015, caused an accident that shocks the left side of the Defendant’s vehicle stopped on the left side while driving the Plaintiff’s vehicle on the front of the road, which is located in Asan City E, or on the front of the road.

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

After the instant accident, the Defendant received treatment at G Hospital due to the climatic salt, tension, etc.

The plaintiff paid the total of KRW 769,070 as insurance money by August 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion asserts that the Defendant sustained injury although there was no injury due to the instant accident, and claimed insurance money and received KRW 769,070 from the Plaintiff for medical expenses. Therefore, the Defendant is obligated to return the said insurance money to the Plaintiff as unjust enrichment.

B. In a lawsuit seeking restitution of unjust enrichment, the burden of proving the fact that the general establishment requirement of unjust enrichment was made without any legal ground is borne by the claimant.

(See Supreme Court Decision 97Da21444 delivered on October 24, 1997, Supreme Court Decision 98Da61593 delivered on April 27, 1999, etc.). According to the video and written records of the Plaintiff and Defendant vehicle due to the instant accident, the degree of damage to the Plaintiff and Defendant vehicle is insignificant, and the National Institute of Scientific Investigation requested by the Asan Police Station to appraise the instant accident, as a result of the analysis of Madimo (MADYO), which is a collision interpretation program, the Defendant vehicle at the time of the accident, is limited to a speed change of less than 8 km/h by shock, and the instant accident has shock power.