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

B. On July 22, 2015, around 17:35, the Plaintiff’s vehicle left the left along the first line of the second-way road at the intersection near the Chungcheongnam-gu, Chungcheongnam-do, the instant accident occurred where the vehicle overtakes the Defendant’s vehicle on the right side (hereinafter “instant accident”).

C. On March 7, 2016, the Defendant paid KRW 13,305,40 of insurance proceeds from the instant accident, and filed a petition for deliberation with the Plaintiff (hereinafter “Deliberation Committee”). On March 7, 2016, the Deliberation Committee decided that the Plaintiff shall pay KRW 3,91,620 to the Defendant (hereinafter “instant conciliation decision”) by setting the ratio of liability for the instant accident at 30% on the Plaintiff’s side and 70% on the Defendant’s side, and accordingly, paid KRW 3,91,620 to the Defendant on May 4, 2016.

Plaintiff

In the Agreement on the Deliberation of Disputes over Claims for Automobile Insurance concluded by Insurance Companies including the defendant as a party, ① The appellant or the respondent may file a petition for review within 14 days from the date of receipt of the notice of decision of the Deliberation Committee (Article 25(1)). ② The respondent may file a lawsuit against the claimant regarding the claim for restitution, such as filing a lawsuit claiming the return of unjust enrichment (Article 26(2)). ③ If the claimant or respondent fails to file a petition for review prescribed in Article 25 or a lawsuit prescribed in Article 26 within 14 days from the date of receipt of the notice of decision of the Deliberation Committee, the decision of the Deliberation Committee shall become final and conclusive (Article 27(1)). ④ The decision of the Deliberation Committee becomes final and conclusive.