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 the insurer who entered into an automobile insurance contract for B vehicles (hereinafter “Plaintiff vehicles”) with A, and the Defendant is the insurer who entered into an automobile insurance contract for D vehicles (hereinafter “Defendant vehicles”) with C.

B. At around 5:05 on July 1, 2016, the Defendant vehicle driven three lanes from among the three-lane roads of the national highway No. 1447, the Jinyang-si, Jinyang-si, the Namyang-si, the Seoul National Highway No. 1447, the main road of the national highway No. 47, which was parked across the three-lanes and the side of the same road.

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

The Defendant filed an application for deliberation and mediation of disputes over the fault ratio of the original Defendant’s vehicle in the instant accident at the indemnity deliberation committee, and the indemnity deliberation committee set the fault ratio of the Plaintiff’s vehicle at 20% on April 24, 2017, the Plaintiff paid KRW 22,157,630 to the Defendant on May 16, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 5, 7, and 10, Gap evidence 6-1, 2, and 12, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant accident occurred during the course of the Defendant’s driver’s operation of the Defendant’s vehicle C along with the road and the side of the road in the state of the passage, which is caused by the unilateral negligence of the Defendant’s driver.

Therefore, the defendant is obligated to return 22,157,630 won as unjust enrichment received from the plaintiff.

(b) Article 32 of the Road Traffic Act provides that no driver of any motor vehicle shall stop or park the motor vehicle at a place located within five meters from the edge of an intersection or the corner of a road, but the same shall not apply in cases where the driver of any motor vehicle complies with this Act, any order issued pursuant to this Act, or any instruction given by a police officer, and where the driver of any motor vehicle temporarily stops the motor vehicle in order to prevent danger. Article 64 (3) of the Road Traffic Act provides that no driver of any motor vehicle shall stop