1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Plaintiff Company B (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with the D vehicle (hereinafter “Defendant”).

B. On November 8, 2016, around 07:25, in the vicinity of the Seo-dong Foreign Exchange Bank, Seo-gu, Daejeon, where the Plaintiff’s vehicle is crossing at a place outside the signal apparatus, an accident involving the Defendant’s vehicle, the direction of which was directed from the right side of the Plaintiff’s vehicle toward the left side, is that the part of the left upper part of the front part of the Plaintiff’s vehicle and the front part of the wheel and door of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On December 12, 2016, the Plaintiff paid KRW 1,577,200 with the repair cost of the Plaintiff’s vehicle due to the instant accident.

With respect to the instant accident, the Defendant filed a claim with the Defendant for deliberation on the dispute over the reimbursement of KRW 1,451,00 with respect to the Plaintiff’s reimbursement of KRW 1,451,00 as the repair cost of the Defendant’s vehicle. On March 20, 2017, the decision to adjust the instant accident (60% of the negligence on the Plaintiff’s vehicle: 40% of the negligence on the Defendant’s vehicle) was made.

On April 12, 2017, before April 13, 2017, the closing date of the above decision, the Plaintiff filed the instant lawsuit regarding the insurance money paid at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 10 evidence, Gap 1 to 4 evidence, and the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s main defense is unlawful, inasmuch as the instant lawsuit was filed in violation of the duty to transfer the deliberation claim under the Mutual Agreement on the Deliberation of Disputes over Claims for Compensation of Motor Vehicle Insurance (hereinafter “Agreement”) to which the domestic insurance company, mutual aid business entity, etc. are a party.

B. Determination 1) The Plaintiff and the Defendant joined the instant agreement (hereinafter referred to as “instant agreement”).