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 circumstances surrounding the instant accident are as follows.

At the time of the accident, the insured vehicle CD on January 12, 2018 at the time of the accident, where the defendant vehicle tried to proceed to the Gu Trith from the right side of the road to the Gu Trith by the intersection in the situation of the collision with the intersection where the defendant vehicle does not regulate the traffic of the 34-way, Chungcheongnam-gun, Chungcheongnam-gun at the place of the defendant insured vehicle CD on January 12, 2018 at the time of the accident, while finding the plaintiff vehicle entering the intersection of this case from the left side of the defendant vehicle, and manipulating the vehicle into the right side of the defendant vehicle to the right side of the vehicle, thereby extinguishinging the snow way, while the defendant vehicle paid the insurance money to the 23,500,000 won (the amount determined by the E Committee)

B. The judgment of the first instance court rendered a favorable judgment in full against the Plaintiff so that the Defendant would pay to the Plaintiff the full amount of KRW 23,500,000 that the Plaintiff paid to the Defendant according to the decision of the E Committee as 50:50,000 on the part of the Plaintiff’s vehicle and the Defendant’s vehicle, as unjust enrichment.

[Ground of recognition] Unsatisfy, Gap 3, and 4

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred solely by the negligence of the Defendant’s vehicle that violated the concession obligation to the Defendant’s access vehicle at the intersection where the Defendant’s vehicle is not under traffic control, temporary suspension at the time of entering the intersection, and the duty of slowly driving, and thus, the Defendant is obligated to return the full amount of the indemnity that the Plaintiff paid to the Defendant according to the E Committee’s decision to the Defendant to unjust enrichment. (2) The Plaintiff’s vehicle is an intersection where the Defendant does not perform traffic control, and the Plaintiff and the Defendant’s vehicle are going to enter the instant intersection at the same time, and thus, the Plaintiff’s vehicle violated the obligation to yield the course to the Defendant’s vehicle that was entering the instant intersection on the right side of the Plaintiff’s vehicle.