손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).
B. At around 17:00 on July 15, 2015, the Plaintiff’s vehicle tried to change the lane into a two-lane, while driving along the two-lanes at the entrance of the main station located in Yangsan City, the front of the station located in Yangsan City, along the two-lanes. However, the Plaintiff’s vehicle discovered the vehicle located in the two-lanes and re-enters the vehicle into a one-lane.
At this time, the upper left side of the Defendant’s vehicle, which was followed by the Plaintiff’s vehicle, had an accident of collision between the upper left side of the Plaintiff’s vehicle and the upper right side of the vehicle (hereinafter “instant accident”).
C. On September 17, 2015, the Plaintiff paid insurance proceeds of KRW 6,056,000 to the automobile repair cost, etc. according to the instant accident, and filed a request for deliberation with the committee for deliberation on disputes over the rate of negligence in connection with the instant accident (hereinafter “Deliberation Committee”).
On December 14, 2015, the Deliberation Committee rendered a decision to mediate the case with the purport that “80% of the Plaintiff’s liability ratio and the Defendant’s liability ratio are 20%, and that the Defendant’s payment to the Plaintiff is KRW 1,211,200.”
On February 22, 2016, when the Plaintiff raises an objection against the above decision of mediation, the Deliberation Committee rendered a decision of mediation to maintain the decision of mediation of the case (hereinafter referred to as “decision of mediation of this case”) and both the Plaintiff and the Defendant did not file a request for reexamination or file a lawsuit against the said decision within the objection period of 14 days.
E. On March 18, 2016, the Plaintiff filed a claim with the Defendant for the amount of compensation according to the decision of re-deliberation, and filed a claim with the Defendant for the amount of KRW 1,311,200 for deliberation and resolution from the Defendant, but the Plaintiff filed a claim with the Defendant for KRW 1,311,200 as the amount of compensation, and the Defendant filed a claim with the Defendant for KRW 1,311,20