1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a mutual aid association established pursuant to the provisions of the Trucking Transport Business Act, and is a mutual aid business entity that has entered into a mutual aid agreement to compensate for the damages where C is liable for damages due to an accident that occurred during the operation of D Trucks owned by C (hereinafter “Plaintiff”) with C Co., Ltd. (hereinafter “C”).

B. The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with E with respect to the F-A-Wurt-Wured Automobile (hereinafter “Defendant vehicle”).

다. G은 2018. 2. 11. 07:00경 원고 차량을 운전하여 경산시 남천면 하도리 소재 대구부산고속도로 부산기점 70.4km 지점의 상행선 편도 2차로 중 2차로를 진행하던 중 진행방향 우측 갓길 옹벽을 충돌하고 그 충격으로 1차로로 튕겨져 나가게 되었다.

E은 당시 원고 차량과 같은 방면 도로 1차로를 원고 차량 뒤쪽에서 운전하던 중 튕겨져 나오는 원고 차량을 발견하고 충돌을 피하기 위해 자동차 핸들을 우측으로 조작하다가 진행 방향 우측 갓길 옹벽과 충돌하게 되었다

(B) A traffic accident due to the foregoing collision of Defendant vehicle (hereinafter “instant accident”). Around 12 weeks of medical treatment, H, who was on board Defendant vehicle’s steering chief due to the instant accident, was in need of pressure, etc., for approximately 12 weeks of medical treatment.

After paying the insurance proceeds from the instant accident to H, the Defendant filed a claim with the International Dispute Deliberation Committee (hereinafter referred to as “Dispute Deliberation Committee”), and the Dispute Deliberation Committee opened the deliberation date on October 22, 2018 and rendered a decision to deliberate and coordinate that the fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle constitutes 60%: 40%. While the Plaintiff filed a request for reexamination, the Dispute Deliberation Committee filed a request for deliberation on November 19, 2018.