1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Basic Facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A LV (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to BK7 vehicles (hereinafter “Defendant vehicle”).

B. Around 17:41 on September 27, 2014, the driver of the Defendant’s vehicle driven the Defendant’s vehicle and walked from the rear side of the Defendant’s vehicle to the right space of the Defendant’s vehicle in the front of the front of the Defendant’s vehicle while driving the Defendant’s vehicle to the right space on the one-lane road located in Gangnam-gu Seoul, Gangnam-gu, Seoul, as indicated in the degree of accident occurrence.

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

On June 30, 2015, the Plaintiff paid 637,800 won of insurance money equivalent to the fault ratio of the Plaintiff’s vehicle among the insurance money that the Defendant paid to the insured of the Defendant vehicle, according to the decision of the Deliberation Committee on the Settlement of Automobile Insurance Claim.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the former negligence of the Defendant’s driver, and that the Plaintiff paid KRW 637,800 to the Defendant without any legal ground, the Defendant shall return the amount he received from the Plaintiff to the Plaintiff as unjust enrichment.

B. (1) According to the evidence mentioned above, the accident of this case occurred while the plaintiff and the defendant attempted to make a right-hand way while the defendant's vehicle ahead. The accident of this case lies in the right-hand space of the defendant's vehicle, and the driver of the defendant's vehicle who failed to take a right-hand way without using the plaintiff's negligence and direction-setting directions, etc., and did not take a right-hand way.