A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On May 27, 2018, at around 01:35, the Plaintiff’s vehicle stopped on the two-lanes in front of the post office located in the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, while driving on the direction direction, etc., and breaking the center line while driving ahead of the Plaintiff vehicle while changing from the two-lane to the one-lane, the Plaintiff’s vehicle shocked the center line to the left side of the Plaintiff vehicle.

(hereinafter “instant accident”). During this process, E, the passenger of the Plaintiff’s vehicle, was injured.

C. By July 18, 2018, the Plaintiff paid KRW 1,776,010 as insurance proceeds, the sum of the medical expenses and the agreed amount of KRW 856,010 for the instant accident, and the Plaintiff’s automobile repair cost of KRW 920,00 for the Plaintiff’s vehicle (the amount of KRW 200,000 for its own share).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 5 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Determination

A. 1) The Defendant’s assertion that the instant claim is unlawful is determined as to the Defendant’s assertion that the instant claim is unlawful. The Defendant is a non-life insurance company, etc., which is a party to the instant agreement, including the Plaintiff and the Defendant, based on the mutual agreement on the deliberation of the dispute over reimbursement of automobile insurance (hereinafter “instant agreement”).

(2) The instant lawsuit, which was filed in violation of the duty to transfer the request for deliberation as stipulated under Article 18, is unlawful. (2) The instant agreement was concluded for the purpose of simple, prompt, and economical resolution of disputes of recourse between the contracting companies. However, it would rather be rather appropriate for the agreement company to dismiss the instant lawsuit in case it violated the duty to transfer the request for deliberation as stipulated under Article 18 of the instant agreement and to take the procedure for requesting deliberation from the beginning.