1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Facts of recognition

The reason why this court should explain is as to this part of the judgment of the court of first instance, since it is identical to the corresponding part of the judgment of the court of first instance, except for the case where the "private distance" in Section 2, Section 18 of the judgment of the court of first instance (hereinafter referred to as the "private distance in this case") is changed to the "private distance crossing" (hereinafter referred to as the "private distance in this case"), and the "private distance" in Section 19 is changed to the "private crossing in this case," and it is also accepted in accordance with the main sentence

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The instant accident occurred due to the total negligence in violation of the signal C, but C received insurance proceeds from the Plaintiff without any legal cause and sustained the same amount corresponding to the Plaintiff. As such, the Defendant’s heir, C, as unjust enrichment, is obligated to return the amount equivalent to KRW 196,419,130 of the insurance proceeds received from the Plaintiff as unjust enrichment. 2) At the time of the instant accident, the Defendant’s attorney at the time of the instant accident, the Defendant’s vehicle did not violate the signal, and the Plaintiff’s vehicle did not discover the Defendant’s vehicle that was bypassing the Plaintiff’s normal route, and the instant accident was caused by the negligence of the Plaintiff’s driver, the Plaintiff’s driver, and the Defendant’s liability for return of unjust enrichment by the Defendant’s attorney at the rate of fault of the Plaintiff’s vehicle should be limited.

B. The driver of a vehicle driving along an intersection where traffic is controlled by the relevant legal principles and signals shall be sufficient to ensure that other vehicles observe traffic regulations and take appropriate measures to avoid collision, except in extenuating circumstances. The driver of a vehicle driving along an intersection where traffic is controlled by the traffic signal, etc. shall prevent the occurrence of the accident in advance, even if other vehicles violate the traffic regulations and are expected to keep the course of the vehicle in question and drive the vehicle in question or take other measures to avoid collision.