1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 22, 2016, at around 17:35, the driver of a vehicle A (hereinafter “Defendant vehicle”) parked on a road outside the flab, which is adjacent to the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and was entering the road, and the front door of B driver’s vehicle C (hereinafter “Plaintiff’s vehicle”) who was bypassing the road according to the right side was shocked by the front part of the Defendant vehicle.

(hereinafter “instant accident”). (b)

The plaintiff is the insurer of the plaintiff vehicle, and the defendant is the insurer of the defendant vehicle.

C. The Defendant filed a request with the Deliberation Committee on Compensation Money Dispute (hereinafter “Deliberation Committee”) to deliberate on the payment of the insurance money paid by the Defendant against the Plaintiff in accordance with the mutual agreement on the deliberation of the car insurance dispute (the Plaintiff and the Defendant are both parties to the said mutual agreement; hereinafter “mutual agreement”).

On June 27, 2016, the Deliberation Committee decided to set the amount to be paid by the Plaintiff to the Defendant as KRW 209,004 on the ground that the ratio of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle to the instant accident is more than 30% and 70%.

(hereinafter “instant decision”) D.

On August 31, 2016, according to the instant decision, the Plaintiff paid 109,800 won to the Defendant out of the actual repair cost of the Defendant’s vehicle.

E. The mutual agreement and its enforcement rules concluded with the Plaintiff and the Defendant are as follows.

[Mutual Agreement on the Deliberation on the Settlement of Motor Vehicle Insurance Claims] Article 18 (Liability for Deliberation) of the Agreement Company shall not first file a lawsuit with a court or file a claim for compulsory dispute resolution, such as a claim for arbitration, unless the dispute settlement procedures set forth in this Agreement are terminated with respect to a claim for reimbursement (hereinafter “claim, etc.”).

Article 19 (Special Cases concerning Transitional Duties to Request Deliberation) (1) The duties prescribed in Article 18 shall be excluded from the following cases:

1. The insured related to a case subject to a request for deliberation;