1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with D vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer that entered into an automobile insurance contract with the E vehicles (hereinafter “Defendant vehicles”).

B. On September 20, 2018, around 15:10 on September 20, 2018, the Defendant’s vehicle entered the intersection from the shooting distance in the Yang-ro Call Bureau in Gangnam-gu, Seoul to the intersection in accordance with green straight line, and the vehicle at the left left turn due to the left turn of the vehicle in the direction that the vehicle does not pass the intersection.

After the left-hand turn signal from the opposite direction of the Defendant’s vehicle, the Defendant’s vehicle re-entered the left-way of the Plaintiff’s vehicle that passed the intersection from the right-hand side of the Defendant’s vehicle to the left-hand side of the intersection in accordance with the new name.

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

On March 4, 2019, the Defendant filed an application with the F Deliberation Committee (hereinafter “Deliberation Committee”) for deliberation and resolution against the Plaintiff, and the Deliberation Committee considered the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 40:60, and decided that the Plaintiff pay KRW 8,600,000 (21,50,000,000,000,000) to the Defendant.

On March 15, 2019, the Plaintiff paid 8,600,000 won to the Defendant according to the decision of the Deliberation Committee, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 (including provisional number), Eul evidence Nos. 1 through 7, 9 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the total negligence of Defendant vehicle that violated the signal, and thus, the plaintiff's payment of KRW 8,600,000 to the defendant according to the decision of the Deliberation Committee and the delayed payment from the day after the payment date should be returned as unjust enrichment.

As to this, the defendant shall proceed with the defendant's vehicle.