구상금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 255,000 on June 20, 2015.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A and B (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile comprehensive insurance contract with C and D (hereinafter “Defendant vehicle”).
B. On April 13, 2015, at around 13:30, the Defendant’s comprehensive automobile insurance contract entered into with respect to the Defendant’s vehicle: (a) the Defendant’s vehicle is driving at around 13:30, and there is a three-distance which does not direct G transport in front of the G in YYF; (b) from the village room to the king boundary to the front line; and (c) the Defendant’s vehicle, which was left left left at the court room, conflicts with the part of the Defendant’s vehicle’s left-hand part in front of the left-hand left-hand left-hand part.
(hereinafter referred to as "the accident of this case"
C. The term “mutual agreement on the deliberation of a dispute over the reimbursement of automobile insurance (hereinafter “instant mutual agreement”) and its enforcement rules, which the Plaintiff and the Defendant concluded, are as follows:
[Mutual Agreement on the Deliberation on the Settlement of Motor Vehicle Insurance Claims] Article 18 (Liability for Deliberation) of the Agreement Company shall not first file a lawsuit with a court or file a claim for compulsory dispute resolution, such as a claim for arbitration, unless the dispute settlement procedures set forth in this Agreement are terminated with respect to a claim for reimbursement (hereinafter “claim, etc.”).
Article 19 (Special Cases concerning Transitional Duties to Request Deliberation) (1) The duties prescribed in Article 18 shall be excluded from the following cases:
1. Where the insured or claimant for damage related to a case subject to a request for deliberation requests the agreement company to exclude such case from those subject to a request for deliberation;
2. Where the parties to a dispute with respect to a claim for compensation or indemnity have agreed in writing not to be subject to the obligation of prior examination of claims, Article 25 (Review on Decision of the Deliberative Committee) (1)