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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the vehicle B Otoba (hereinafter “Defendant”).
B. Around 12:50 on March 5, 2017, the Plaintiff’s vehicle is proceeding in the direction of a towing distance along the intersection, one of the two-lane roads near Seosan City C. However, the Defendant’s vehicle, while driving on the right side of the direction that the Plaintiff’s vehicle passes, was entering the said one-lane road that the Plaintiff’s vehicle went into the front right side of the Plaintiff’s vehicle while moving into the front right side of the vehicle while moving into the said one-lane.
(hereinafter referred to as “instant accident”). C.
On April 5, 2017, the Plaintiff paid KRW 1,445,000 for the repair cost of the Plaintiff’s vehicle incurred due to the instant accident. D.
With respect to the instant accident, the Plaintiff filed an application with the Defendant for the deliberation of the claim for reimbursement under the mutual agreement on the deliberation of the claim for reimbursement of automobile insurance concluded between the Plaintiff and the insurance company including the Defendant (hereinafter “instant mutual agreement”). On the premise that the committee for deliberation of the claim for reimbursement established under the instant mutual agreement was 75% at the expense of the Defendant’s vehicle, the committee for deliberation of the claim for reimbursement amount established
(hereinafter referred to as “the instant deliberation”). (e) The deliberation of the instant case
The closing date of the instant decision is August 3, 2017, 14 days after the date when both the Plaintiff and the Defendant were deemed to have received the notice of decision, and the Plaintiff and the Defendant did not make a request for reexamination and file a lawsuit under the instant mutual agreement until the closing date.
F. On the other hand, on August 2, 2017, the Plaintiff sent a written request to the Defendant for exclusion from the obligation to compensate for disputes regarding the instant accident, and the Defendant’s reply to the said written request clearly states his/her consent or disapproval.