1. Of the judgment of the court of first instance, KRW 606,520 against the Plaintiff as to the Defendant and its related amount, from October 28, 2017 to November 7, 2018.

Basic Facts

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

On October 24, 2017, the accident occurred, around 13:17, which occurred between the defendant's vehicle moving from the first floor to the second floor and the plaintiff's vehicle moving directly to the second floor parking zone near the decline passage (hereinafter referred to as "the accident in this case").

On October 27, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 758,150 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1, 3, 7-1 and 2, Gap evidence Nos. 6, Eul evidence Nos. 6, and Eul evidence Nos. 6, and the purport of the whole pleadings, the defendant asserts that the plaintiff and the defendant filed the lawsuit in this case without performing the duty of compensation prohibition in accordance with the above determination, even though the plaintiff and the defendant determined the rate of negligence of the plaintiff and the defendant's vehicle for the accident of this case at 40% and 60% according to the "Mutual Agreement on the Deliberation of Motor Vehicle Insurance Claims" which the plaintiff and the defendant joined, the plaintiff raised the lawsuit in this case without performing the duty of compensation prohibition in accordance with the above determination.

According to the evidence Nos. 2 and 3, on January 29, 2018 with respect to the instant accident, the committee for deliberation on disputes over indemnity was held on January 29, 2018, to determine the rate of negligence as alleged by the Defendant, and the Plaintiff raised an objection thereto, but it is recognized that the Plaintiff’s objection was not accepted in a retrial held on March 12, 2018.

However, according to each of the above evidence, the above committee for deliberation on indemnity disputes will pay the plaintiff the repair cost incurred by the defendant's vehicle due to the accident of this case as the claimant.