1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 31, 2016, around 18:00, the Defendant’s vehicle that changed the lanes rapidly from the two lanes to the three lanes in the above road, such as the route in which the accident occurred, and the Plaintiff’s vehicle that was a three-lane in the above road, were in conflict.

C. From February 15, 2017 to April 26, 2017, the Plaintiff paid KRW 603,300 to the repair cost of the Plaintiff’s vehicle as the insurer of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the Defendant’s assertion was that the instant lawsuit was filed in violation of the duty to transfer the claim for deliberation under the mutual agreement on deliberation of the dispute over reimbursement of automobile insurance.

B. Article 18 of the said mutual agreement provides that all companies subscribed to the said mutual agreement shall not first file a lawsuit with the court or file a claim for compulsory dispute settlement, such as a claim for arbitration, unless the dispute settlement procedures stipulated in the said mutual agreement are not terminated, unless there is an exception provided for in Article 19.

In this case, according to the purport of the evidence No. 1 and the whole argument, the plaintiff and the defendant subscribed to the above mutual agreement, and the defendant who paid insurance money of KRW 1,359,000 at the repair cost of the defendant's vehicle caused by the above traffic accident, filed a petition with the indemnity payment deliberation committee for deliberation of the plaintiff's amount of KRW 1,359,00,00, the defendant filed a petition with the plaintiff with the respondent, the claim amount of KRW 1,359,000. On June 5, 2017. On the other hand, the plaintiff did not file a petition for deliberation under the above mutual agreement