1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1.The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings on the statements or images set forth in Gap evidence 1 to 5, 7, and Eul evidence 1:

With respect to the Plaintiff’s truck A (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Plaintiff’s automobile B (hereinafter “Defendant”).

B. Around 08:25 on November 18, 2013, the driver of the Plaintiff’s vehicle, driving the Plaintiff’s vehicle along the first lane of the two-lane road near the Dongjak-gu Seoul Metropolitan Government Olympic Winter Games (hereinafter “instant road”). While changing the two-lane, the left part of the Defendant’s vehicle running along the two-lanes was shocked with the right-hand front part of the Plaintiff’s vehicle.

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

In relation to the instant accident, the Defendant filed a request for deliberation with the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter referred to as the “division”), and the judgment of division determined 65% of the negligence of the Plaintiff’s vehicle and 35% of the negligence of the Defendant’s vehicle, respectively. Accordingly, on November 28, 2014, the Plaintiff paid KRW 3,067,350 equivalent to 65% of the repair cost of the Defendant’s vehicle to the Defendant.

2. Assertion and determination

A. The Plaintiff’s assertion 1) The instant accident occurred due to one’s own negligence by the Defendant’s driver, who did not regard the Plaintiff’s vehicle that was changed from the first lane to the second lane and did not regard the Plaintiff’s vehicle as unjust enrichment in order to overtake the Plaintiff’s vehicle prior to the first lane of the instant road. Therefore, the Defendant should return to the Plaintiff the entire KRW 3,067,350, which the Plaintiff paid according to the decision on the division, as unjust enrichment. 2) The Plaintiff’s vehicle seeking to make a right-hand bypass the instant road consisting of the straight lane of Defendant 1 and the right-hand lane of the second lane.