1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On January 3, 2019, at around 08:05, the Plaintiff’s vehicle entered the crosswalk at a one-lane road, which enters the front three-lane of the luminous Zone in Suwon-gu, Busan, and stopped.

The defendant's vehicle is driving on the same road, and the vehicle was parked on the right side of the plaintiff's vehicle by using the one vacant on the right side of the plaintiff's vehicle.

Plaintiff

Since then, the vehicle used to move by right to the right of the vehicle, the vehicle used to move by right to the right of the vehicle.

hereinafter referred to as "the accident of this case"

(c) According to the decision of the E Committee, the Plaintiff paid KRW 3,736,640 equivalent to 40% of the fault ratio of the Plaintiff’s vehicle among KRW 8,841,620, which is the total amount of damages of the Defendant’s vehicle caused by the instant accident, on July 22, 2019. [Grounds for recognition] The Plaintiff did not dispute, Gap’s evidence Nos. 1 through 6, Eul’s evidence Nos. 1 through 2 (a serial number), and the purport of the entire pleadings, as a whole.

2. The assertion and judgment

A. As the driver of the Plaintiff’s asserted vehicle, the driver of the Defendant’s vehicle is invaded by the delivery of the vehicle on the one-lane road, and it is apparent that the driver of the Defendant’s vehicle is not obliged to drive counter to the Defendant’s vehicle by predicting the vehicle to the right-hand space in order to make a right-hand prior to the Plaintiff’s vehicle, and at the same time, it was impossible to avoid the Defendant’s vehicle moving to the right-hand at the same time at the distance close to the Plaintiff’s vehicle. Thus,

Therefore, the defendant is obligated to return the above 3,736,640 won and damages for delay to the plaintiff as unjust enrichment.

B. The following circumstances, which are acknowledged in light of the evidence and the purport of the entire pleadings, are ① Defendant vehicle.