부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The court's explanation in this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420
2. The defendant's assertion
A. In the event that a request for deliberation of a dispute over indemnity amount is filed pursuant to Articles 26 and 27 of the Mutual Agreement on the Deliberation of Dispute over Compensation Amount for Automobile Insurance (hereinafter “instant mutual agreement”), and the respondent is dissatisfied with the determination, the respondent shall file a lawsuit seeking the return of unjust enrichment within 14 days from the date of receipt of the notification of the decision, and the lawsuit may be filed only after the performance of the obligations ordered by the mediation decision of the Deliberation Committee. On August 6, 2015, the Plaintiff failed to perform the obligations ordered by the above decision until the filing of the lawsuit for the return of unjust enrichment until August 20, 2015, which is the 14th day from the date of receipt of the notification of the decision. Thus, the said decision was finalized because it did not comply with the requirements for objection under the said agreement, and the Plaintiff cannot claim the ratio of liability contrary to the said decision as it constitutes a compromise contract under the Civil Act.
B. The ratio of liability between the plaintiff and the defendant in the conjunctive assertion is legitimate as 40:60, such as the mediation decision of the deliberative committee, and thus, the amount the defendant received is not unjust enrichment.
3. Determination
A. As to the primary argument, the mutual agreement of this case provides for the following, and Article 26 (Lawsuit, etc.) ① The claimant may file a lawsuit against the claim for reimbursement dispute that is subject to the decision of the Review Committee within 14 days from the date of receipt of the notice of decision of the Review Committee.
(2) The respondent may file a lawsuit claiming the return of unjust enrichment against the claimant after fulfilling the same obligation as the disposition of the Mediation Decision of the Deliberative Committee for the settlement of disputes over the amount of indemnity.
Article 27 (Finality of Decision of the Deliberation Committee) (1)