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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Motor Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Motor Vehicle (hereinafter “Defendant Vehicle”).
B. On January 10, 2018, the Plaintiff’s vehicle shocked the back part of the E-motor vehicle driven in the front part of the Plaintiff’s vehicle while driving on the exclusive road located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Hongdong (hereinafter “nuri-dong”) with the front part of the Plaintiff’s vehicle.
(hereinafter “the instant primary accident”). The Plaintiff’s vehicle and Nonparty’s vehicle were stopping at all times to control the accident after shock.
C. At around 18:44 on the same day after about 10 minutes from the Defendant’s vehicle, the said vehicle stopped in the direction of the point where the instant primary accident occurred on the road. As a result, the Plaintiff’s vehicle was pushed ahead of the front left part of the vehicle with the front left pentle part.
(hereinafter “instant secondary accident”). D.
On June 14, 2018, the Plaintiff paid the repair cost of KRW 11,525,930 on the part of the driver of the non-party vehicle, and KRW 4,412,90 on February 8, 2018, to the Defendant vehicle insured respectively.
On February 13, 2018, the Defendant paid KRW 37,021,00 for the repair cost to the insured of the Defendant’s vehicle.
[Ground for Recognition: Unsatisfy, Gap evidence 1 through 5, 7 through 9 (including each number; hereinafter the same shall apply)
(ii)each entry and video of Eul as well as the purport of the entire pleadings in sub-paragraph (2) to (6)
2. Determination on this safety defense
A. The Defendant asserts that the instant lawsuit was unlawful, since it was filed without first going through the claim for deliberation of the claim for deliberation of the claim for reimbursement under Article 18 of the “Mutual Agreement on the Deliberation of the Compensation for Automobile Insurance Claim”.
B. However, according to Gap evidence No. 6, the defendant's assertion is different.