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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicles, and the Defendant is a mutual aid business operator who has concluded an automobile mutual aid contract with respect to B vehicles.
B. On April 26, 2016, around 15:30 on the roads near the entrance of the “Ycheon-si Rest Standcheon-si Rest,” as indicated in the separate sheet, the Defendant’s vehicle, which is going on a two-lane, rapidly changed the two-lane to one lane to avoid a collision with the preceding vehicle to reduce the speed of the Party A, and the Plaintiff’s vehicle, which was going behind the Defendant vehicle on the one-lane, did not avoid this, and the vehicle behind the Defendant vehicle was in the front part of the right side.
C. On August 8, 2016, the Plaintiff paid KRW 2,010,00, KRW 4,780,000 to C, and KRW 201,40 to D, and KRW 229,300 to E, and KRW 1,80,00,00 to F on November 23, 2016 under the said automobile insurance contract.
Matters related to this case among the "mutual agreement on the deliberation of a dispute over reimbursement of automobile insurance" and its enforcement rules entered into by 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 is not entitled to file a lawsuit with a court or file a claim for compulsory settlement of disputes, such as a claim for arbitration, unless the dispute settlement procedures set forth in this Agreement are terminated first with respect to a claim for reimbursement dispute (hereinafter “claim”).
Article 19 (Special Cases concerning Transitional Duties to Request Deliberation) (1) The duties to be transferred under Article 18 shall be excluded in any of the following cases:
1. Where the insured or claimant for damage related to a case subject to a request for deliberation requests the agreement company to exclude such case from those subject to a request for deliberation;
2. Where the parties to a dispute with respect to the indemnity or indemnity have agreed in writing not to be subject to the obligation of prior examination of claims.