Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. The Plaintiff is a mutual aid operator who entered into an automobile mutual aid contract for D7.5 tons of car trucks owned by Nonparty Co., Ltd. (hereinafter “Plaintiff”) and the Defendant is an insurance company that entered into an automobile insurance contract for FEF passenger cars owned by Nonparty Co., Ltd. (hereinafter “Defendant”)

B. Around April 22, 2018, the Defendant’s vehicle: (a) concealed Nonparty G NFnata on the southwest-gun, west-gun; (b) stopped the vehicle on the side and four-lanes on the side; and (c) the Plaintiff, who followed the vehicle, was sicking on the front side of the Defendant’s vehicle (hereinafter “instant accident”); and (d) the Defendant’s vehicle was dedicated to the said accident.

C. On April 18, 2018, the Defendant paid KRW 37,160,000 of the insurance money due to the total loss of Defendant vehicle to E in accordance with the said automobile insurance contract.

On May 28, 2018, pursuant to the mutual agreement on the deliberation of disputes over automobile insurance (hereinafter “instant mutual agreement”), the Defendant filed a request for deliberation with the Deliberation Committee on disputes over automobile insurance (hereinafter “Deliberation Committee”) to determine the scope of both of the above insurance proceeds of KRW 37,160,000 with the Plaintiff as the Defendant as the Defendant.

E. On July 9, 2018, the Deliberation Committee decided that the ratio of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle to the fault on the instant accident is 70:30, and determined the amount to be deliberated and decided to be paid to the Defendant by the Plaintiff to the Defendant (=37,160,000 won x 70% of the Plaintiff’s fault ratio).

F. On September 3, 2018, the Plaintiff filed a petition for review on the grounds that the lower court did not err by misapprehending the legal doctrine on the instant accident, and the lower court determined the amount of deliberation and determination to be paid to the Defendant (= KRW 37,160,000 x 60% of the Plaintiff’s fault ratio x 37,160,000 x 60% of the Plaintiff’s fault ratio) on the ground that the lower court’s determination on the instant accident was 60:40.