The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with Nonparty C (hereinafter referred to as “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid agreement with Nonparty C (hereinafter referred to as “Defendant”).

On November 19, 2018, around 19:57, the above C operated the Plaintiff vehicle in front of the main office of the G Bank located in F of the Gangseo-gu, Daegu-si, and left to the left at the seat of the main office library of the 119 Safety Center, the Plaintiff vehicle was damaged due to collision with the Defendant vehicle, who was directly in front of the main office of the G Bank located in F of the Gangseo-gu, Daegu-gu, and left to the left at the seat of the main office library of the 119 Safety Center. Nonparty H, I, and J (hereinafter “victim”) was injured.

From December 27, 2018 to April 16, 2019, the Plaintiff paid KRW 16,947,110 in total as damages for the victims and KRW 18,651,60 in total.

On the other hand, the Plaintiff sought payment of KRW 1,398,735 equivalent to the Defendant’s fault among KRW 4,662,450 paid at the time of the Plaintiff to the K Deliberation Committee. On September 2, 2019, the K Deliberation Committee decided that the ratio of liability to the Plaintiff’s fault was 90%, the Defendant’s fault was 10%, and 466,245 won (=4,662,450 won x 10%) (hereinafter “instant decision”).

The instant decision became final and conclusive after July 11, 2019, which was the closing date of the objection.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 3, 10, Eul evidence Nos. 1, 3, and 4; Eul evidence Nos. 1, 3, and 4; and the plaintiff asserted the purport of the whole argument that the plaintiff paid 18,651,600 won in total of the insurance proceeds of the instant accident. Thus, pursuant to Article 682 of the Commercial Act, the defendant is obligated to pay the plaintiff 5,595,480 won (=18,651,600 won x 30%) and delay damages.

Judgment

Considering the participants in the instant mutual agreement, the scope of application, the deliberation committee that makes a mediation decision, the procedures for deliberation, and objection procedures, etc.