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 entered into a comprehensive automobile insurance contract with respect to Aol New Zealand (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-Epurt Vehicles (hereinafter “Defendant”).

B. Around 16:55 on December 30, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle along the first lane near the bus lane, which is a bus-only one lane. However, the Defendant’s vehicle driving the two-lane of the same road changed the vehicle to the first lane, while the Defendant’s vehicle driving the two-lane of the same road shocked the front side of the Plaintiff’s right side by the left side of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On March 9, 2017, the Motor Vehicle Insurance Dispute Deliberation Committee (hereinafter “Deliberation Committee”) conducted at the Defendant’s request, on March 9, 2017, there was deliberation and determination on the rate of negligence of the driver of the Plaintiff and the driver of the Defendant’s vehicle as 30%, and the rate of negligence of the driver of the Defendant vehicle was 70% (hereinafter “Deliberation and Determination”) and both the Plaintiff and the Defendant did not file a request for reexamination or file a lawsuit within 14 days from the date of receipt of the notification of the said decision.

According to the rate of fault determined by the deliberation and resolution of the instant case, the Plaintiff paid insurance proceeds of KRW 1,347,00 to C on January 11, 2017, and KRW 80,360,00 to D, and KRW 1,360,000 to E, and KRW 300,000 to the insured F on April 24, 2017 (= KRW 1,347,000 + + + KRW 80,360,000 + + KRW 1,360,000 + + KRW 300,000). The Plaintiff received insurance proceeds from the Defendant on April 24, 2017.

E. The relevant provisions of the mutual agreement on the deliberation of disputes over claims for reimbursement of automobile insurance (hereinafter “instant mutual agreement”) and the mutual agreement on the deliberation of claims for reimbursement of automobile insurance (hereinafter “instant mutual agreement”) are as follows.