1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B New Franchising XG vehicles (hereinafter “Plaintiff vehicles”); and the Defendant is the owner of C New Flad vehicle (hereinafter “Defendant vehicle”).

B. On July 11, 2014, around 23:00, the Defendant: (a) boarded the Defendant’s spouse, and stopped on the road near the landing place in the Yannam-gun, Taenam-gun, Taenam-gun; (b) however, the Plaintiff’s vehicle stopped on the frontline of the Defendant’s vehicle, and the front part of the Defendant’s vehicle in contact with the rear pumps of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On July 14, 2014, the Defendant visited D Hospital and complained of pains, such as trees and shoulders, and was hospitalized on the same day, and was diagnosed as “spatisfying of splates, tensions, shoulder and arms,” which require approximately two weeks of treatment. From July 15, 2014 to the same year.

7. Until December 23, 200, the medical treatment was provided six times.

On the other hand, on October 21, 2014, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 701,780 in accordance with Article 12 of the Guarantee of Automobile Accident Compensation Act for the Defendant’s medical expenses claiming that the Plaintiff sustained injury due to the instant traffic accident, and paid KRW 328,00 in the name of the repair expenses for the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 5, 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident in this case is merely a minor contact and thus it cannot be deemed that the defendant suffered the injury. As long as the defendant alleged that he suffered the above injury due to the accident in this case and received the insurance money of KRW 701,780 as the name of the medical expenses for the accident, the defendant shall return the above insurance money of KRW 701,780 as unjust enrichment to the plaintiff.