1. Revocation of the first instance judgment.

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 has entered into a comprehensive automobile insurance contract with respect to the B-A vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the driver of C-Sphke vehicle (hereinafter “Defendant vehicle”).

B. On May 27, 2016, around 08:20, the Plaintiff’s vehicle had an accident that shocks the left part of the Defendant’s vehicle, which was directed toward the port from the right side of the Plaintiff’s vehicle to the port on the front side, while the driver was going to the front side of the Dogwon-ro 8, Jung-gu, Incheon, Jung-gu Dogwon-ro 18, in a state of blood alcohol concentration of 0.064%.

(hereinafter “instant accident”). C.

The Plaintiff guaranteed the Defendant’s payment of the medical expenses, and paid the total of KRW 839,960 from June 23, 2016 to November 18, 2016.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 5, and 6 (including branch numbers, if any; hereinafter the same shall apply), video, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion revealed that the accident in this case was a minor accident to the extent that the injury did not occur to the defendant as a result of the Mardi analysis, and that the defendant is obligated to return the amount equivalent to the medical expenses paid by the plaintiff for losses not related to the accident in this case as unjust enrichment.

B. According to the evidence No. 8, it is recognized that the judgment was based on the Madar appraisal by the National Institute of Scientific and Investigative Research for the instant accident, “the shock power to inflict an injury on the driver of the Defendant at the time of the instant accident is not transmitted.”

However, if the above evidence and evidence Nos. 2 through 4, and 7 were to be added to the purport of the entire pleadings, the defendant shall be sufficient to the left-hand side, the right-hand side of which requires approximately two weeks of treatment at the hospital on May 27, 2016, the date of the instant accident.