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1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 9, 2013, the Plaintiff’s claim for the Plaintiff’s comprehensive motor vehicle insurance B Mirst car (Plaintiff’s vehicle) owned by A, who purchased the Defendant’s comprehensive motor vehicle insurance, shocked a shower car (Defendant vehicle) owned by C.
The accident of this case occurred when the defendant's vehicle was pushed into shock and re-accompted E.
The plaintiff paid 113,853,540 won as insurance money to E, such as medical expenses and agreed amount.
The occurrence of the instant accident is due to the negligence of the Defendant’s vehicle, so the Defendant also obtained joint immunity by paying the Plaintiff’s insurance money.
The plaintiff claims compensation for the portion to be borne by the defendant according to the fault ratio (50%).
2. Determination on the lawfulness of the instant lawsuit
A. Fact-finding (1) The Plaintiff and the Defendant are entering into a mutual agreement between the parties to the deliberation of the dispute over the reimbursement of automobile insurance.
The main contents of the above Agreement are as follows:
Article 18 (1) Any agreement company shall not first file a lawsuit with a court or file a claim for compulsory dispute settlement, including a claim for arbitration, (hereinafter referred to as “claim, etc.”) unless dispute settlement procedures set forth in this Agreement are terminated with respect to recourse disputes.
Article 26 (1) A claimant may file a lawsuit, etc. with respect to a dispute of indemnity which has become subject to the decision of the Deliberative Committee within 14 days from the date of receipt of a notice of decision of the Deliberative Committee (where a request for review has been made, a notice of decision
Article 27 (1) A decision of the Deliberative Committee shall become final and conclusive if a requester or respondent fails to make a request for review prescribed in Article 25 or to bring a lawsuit prescribed in Article 26 within 14 days from the date on which he/she receives a notice of
Article 28 (1) Where a decision of the Deliberative Committee to adjust has become final and conclusive, it shall be deemed that there has the same effect as an agreement has been reached between the petitioner and the respondent.
In such cases, the respondent shall become final and conclusive.