1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with Aent vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with B Sti vehicle (hereinafter “Defendant vehicle”).

B. On April 27, 2016, around 21:30, the part of the front part of the Plaintiff’s vehicle, which was directly located at a four-distance radius from the intersection that does not contain a signal, etc. near the Gidong Natural Farming Board, the wife population at the Gidong-si, Gidong-si, to the left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. When the ratio of liability of the Plaintiff and the Defendant’s vehicle was determined at 60%:40% in the deliberation and resolution of the committee for deliberation on compensation disputes and the procedure for reexamination, the Plaintiff paid KRW 1,168,770 to the Defendant on November 14, 2016 (i.e., the repair cost of the Defendant’s vehicle 1,947,950 x 60%).

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 2 and 3

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion was caused by the Defendant’s vehicle driver’s temporary suspension or non-undertake while entering the intersection beyond the central line, and the Defendant’s fault ratio reaches 90%, but the Plaintiff paid 974,010 won exceeding 194,760 won with the Plaintiff’s fault, depending on the erroneous decision of the indemnity payment deliberation committee, so the Defendant is obligated to refund the Plaintiff’s unjust enrichment and delay damages.

(b) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection in which traffic is not controlled by signal apparatus, shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling into the intersection, and the driver of any motor vehicle who intends to drive the motor vehicle simultaneously into the intersection shall yield the right of way to the

(Article 26(1) and (3) of the Road Traffic Act. In this case, the above legal principles are applied.