The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to D vehicles owned by the Plaintiff’s Intervenor (hereinafter “Plaintiff’s vehicle”).

The Defendant is an insurer who has entered into an automobile insurance contract with respect to vehicles E (hereinafter “Defendant vehicle”).

B. On February 3, 2018, the Intervenor was driving the Plaintiff’s vehicle at around 17:32 on February 3, 2018, and continued to pass through the intersection in front of the Gdong of the Yeonsu-gu Incheon Metropolitan Government (hereinafter “instant intersection”).

Plaintiff

On the second line of the 3rd line road, the vehicle passed the intersection to the straight-line signal, and the defendant vehicle, which was parked from the intersection to the intersection of the direction of the plaintiff's proceeding, to the second line of the road to which the plaintiff's vehicle is entering the direction of the road to which the plaintiff's vehicle is entering, began driving, and there was an accident that shocks the front side of the plaintiff's vehicle (hereinafter "the accident of this case").

C. On November 19, 2018, H Review Committee recognized the Plaintiff’s negligence on the instant accident as 20% and the Defendant’s negligence as 80%.

On December 13, 2018, the Plaintiff paid 1,741,580 won to the Defendant, which is equivalent to 20% of the repair cost of Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, Gap evidence 7, and all purports of oral argument

2. Assertion and determination

A. The Plaintiff’s assertion did not fully look at the signal and surrounding areas of the front bank and caused the Defendant’s vehicle’s unilateral fault bypassing the front bank.

The defendant is obligated to return 1,741,580 won as unjust enrichment received from the plaintiff according to the decision of the H Deliberation Committee.

B. According to the facts acknowledged prior to the determination, the instant accident is an accident that occurred while bypassing the vehicle without properly verifying the traffic safety of the Defendant vehicle and the vehicles driving along the road that the driver wants to enter.