1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

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

B. Around 18:00 on September 9, 2017, the Plaintiff’s vehicle is proceeding one-lane of the two-lane road depending on the straight-line signal at the private-distance intersection located in 244, Jinpo-gu, Jinpo-si, Kimpo-si, Kimpo-si. On the opposite direction, there was an accident that conflicts between the front part of the Defendant’s vehicle’s right side and the front part of the Plaintiff’s vehicle’s right side.

(hereinafter “instant accident”).

C. On October 22, 2017, the Plaintiff paid insurance proceeds of KRW 1,200,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1, 3, and 4 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 subscribed to the instant agreement (hereinafter referred to as “convening company”), which is a party to the instant agreement.

(1) The purpose of this Agreement is to resolve, reasonably and economically, disputes arising between insurers or mutual-aid operators regarding the existence and scope of liability on the grounds that the liability for the motor vehicle insurance or motor vehicle mutual-aid as provided for in the Guarantee of Automobile Accident Compensation Act, etc. is competition. Article 3 (Scope of Application, All Agreements, Participating Organizations, and Agreement Organizations shall be subject to the provisions of this Agreement and the Code of Implementation, and shall be complied with.