1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The particulars of the instant accident are as follows.

At the time of the accident, at around 13:00 on December 7, 2018, at the time of the accident, the defendant vehicle C5 ton of the defendant vehicle C5 ton of the defendant vehicle, D. D tonb, and the defendant vehicle, at the time of the accident, changed from the first lane to the second lane, the defendant vehicle in the situation of road collision around the headquarters of the Seoul Metropolitan Area into the second lane and the vehicle, which was proceeding at the second lane, conflict with the part of the vehicle of the plaintiff vehicle, and again stops at the first lane (hereinafter referred to as the "victim vehicle"), the payment of the insurance money 3,516,00 won to the 3,516,00 won water damage

B. On April 29, 2019, the Defendant filed an application with the Plaintiff for deliberation and coordination of the instant accident, and the FSC decided to deliberate and coordinate the Plaintiff’s payment of KRW 1,054,80 to the Defendant on the ground that the FSC considered the negligence ratio of the instant accident as 30 (Defendant vehicle):70 (Defendant vehicle).

C. Accordingly, on July 18, 2019, the Plaintiff filed the instant lawsuit seeking the return of unjust enrichment by paying KRW 1,054,800 to the Defendant amounting to 30% of the above insurance amount.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 8, Eul evidence 3 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant’s vehicle changed from the real line to the two-lanes in which career change is prohibited, caused the instant accident, and thus, the Defendant’s previous fault occurred.

Therefore, the defendant must return to the plaintiff the money stated in the claim received under the premise that the plaintiff's driver's negligence was negligent.

B. When the following circumstances are likely to obstruct the normal passage of other vehicles running in the direction of changing the course of the vehicle, i.e., the following circumstances, which can be acknowledged by comprehensively taking account of each evidence and the purport of the entire pleadings mentioned above.