부당이득금
1. Of the judgment of the court of first instance, KRW 1,051,00 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from August 17, 2018.
1. The particulars of the instant accident are as follows.
On January 8, 2018, at the time of the accident, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), the Defendant insured vehicle of the Defendant (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) at the time of the accident, around 14:58 on January 14:58, 2018, the collision situation due to the high distance intersection of the Goyangyang-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, the Defendant used the right-hand side of the Plaintiff vehicle while making the right-hand line at the four-lane crossing, and the vehicle was in line with the straight line. The Defendant filed a request for deliberation with the Deliberation Committee on Compensation for Automobile Insurance (hereinafter “Deliberation Committee”) concerning the compensation for the Defendant vehicle repair costs due to the instant accident.
On April 2, 2018, the Deliberation Committee deliberated on April 2, 2018, “The Plaintiff paid KRW 1,051,000 to the Defendant at its repair cost, since the Plaintiff’s negligence ratio is 20%.”
(2) On June 28, 2018, the Plaintiff paid KRW 1,051,00 to the Defendant on June 28, 2018.
On July 3, 2018, the Plaintiff, while disputing the rate of negligence of the instant accident as a lawsuit, sent to the Defendant a written request for special exception to the obligation of advance payment deliberation of the dispute over indemnity, and the Defendant consented to the Plaintiff’s request for exclusion from the obligation of advance payment.
On the other hand, the relevant provisions of the mutual agreement on the deliberation of disputes over reimbursement of automobile insurance (hereinafter “mutual agreement”) which is the basis of the establishment of the Deliberative Committee are as follows.
Article 18 of the Mutual Agreement on the Deliberation of Claims for Compensation for Automobile Insurance (Obligation to Full Charge for Deliberation) No agreement company shall first file a lawsuit with a court or file a claim for compulsory dispute resolution, such as a claim for arbitration (hereinafter referred to as "claim, etc.") with a court, unless the dispute settlement procedures set forth in this Agreement are not terminated with respect to
Article 19 (Special Cases concerning Exclusion from Obligation to Transfer to Request for Deliberation) (1) The obligation to transfer under Article 18 shall be as follows: