구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
1. The defendant asserts that the lawsuit in this case is unlawful, since the plaintiff filed the lawsuit in this case without going through the dispute settlement procedures under the separate trial agreement on the deliberation of the dispute over the claim for reimbursement against automobile insurance, which is the party to the agreement, by the plaintiff and the defendant.
On the other hand, even though it is recognized that the dispute procedure was not followed with respect to the repair costs of the plaintiff's insured vehicle directly paid by the plaintiff, the agreement between the parties is effective as if the mediation decision made by the deliberative committee composed of the parties became final and conclusive through certain procedures, and it does not expressly state that the agreement has the same effect as that of the mediation decision made by the parties. Furthermore, the agreement between the parties who filed a lawsuit without justifiable grounds after the mediation decision became final and conclusive provides that a certain amount of penalties may be imposed against the parties who filed a lawsuit may be imposed. This is to determine the possibility of ex post facto sanctions, and it is difficult to regard that the filing of a lawsuit itself is prohibited. Even if there is room to deem that the agreement between the parties to the agreement between the parties to the separate trial was concluded in accordance with the interpretation of the agreement between the parties to the separate trial, it is null and void because the parties to the agreement has uniformly waived their claim for the trial in advance before the specific dispute arises.
(Supreme Court Decision 2017Da217151 Decided August 14, 2019). Accordingly, the Defendant’s aforementioned defense of safety is without merit.
2. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is the Defendant’s vehicle (hereinafter “Defendant”).