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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On August 2, 2017, around 20:10, with respect to the accident between the Plaintiff’s vehicle and the Defendant’s vehicle (hereinafter “instant accident”), the Plaintiff filed a petition for deliberation with the Defendant for the payment of KRW 1,693,300 of the insurance money paid as the repair cost of the Plaintiff’s vehicle pursuant to the “Mutual Agreement on the Deliberation of Motor Vehicle Insurance Claim”.
On November 27, 2017, the Sub-Council decided that the Defendant’s liability ratio was 100%, the amount of deliberation and decision was 1,693,300 won, and the closing date of objection was determined on December 21, 2017.
The above decision became final and conclusive because the defendant did not request a retrial or file a lawsuit by the closing date of the above objection.
Article 25 (Review of Decision of the Deliberative Committee) (1) of the Mutual Agreement on the Deliberation of Dispute over Compensation of Automobile Insurance (1) A requester or respondent may request the Deliberative Committee to review within 14 days from the date on which he/she is served a decision
Article 26 (Lawsuit, etc.) (1) A claimant may file a lawsuit, etc. with respect to a dispute of indemnity which is 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 of
(2) The respondent may file a lawsuit claiming the return of unjust enrichment against the claimant after fulfilling the same obligation as the disposition of the mediation decision of the deliberative committee, etc.
Article 27 (Determination of Decision of the Deliberative Committee) (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 file a lawsuit prescribed in Article 26 within 14 days from the date on which he/she receives a notice of