1. Revocation of the first instance judgment.

2. The plaintiff's claim of this case is dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for B vehicles owned by the Plaintiff (hereinafter “Plaintiff”) with A, and the Defendant is an insurer who has entered into a trucking mutual aid contract for C vehicles operating a trucking mutual aid business (hereinafter “Defendant vehicle”).

B. On December 4, 2015, the driver of the Defendant’s vehicle, driving the Defendant vehicle, driving at around 21:45, caused an accident that shocks the rear part of the Plaintiff’s seat while driving the four lanes from 363km to 4 lanes at the 363km point in Pyeongtaek-si Cro, and accordingly, the Plaintiff’s vehicle conflicts with the third vehicle driving the Defendant in the direction of the first lane.

(hereinafter referred to as “instant accident”). C.

After paying KRW 2,790,000 as the repair cost of the Plaintiff’s vehicle destroyed by the instant accident, the Plaintiff filed a petition for deliberation with the Deliberation Committee on the Settlement of Automobile Insurance Claims (hereinafter “Deliberation Committee”) pursuant to the “Mutual Agreement on the Deliberation on the Settlement of Automobile Insurance Claims (the Plaintiff and the Defendant are both parties to the said Agreement; hereinafter “Mutual Agreement”).

On May 9, 2016, the Deliberation Committee rendered a decision to determine the amount to be paid by the Defendant to the Plaintiff as KRW 1,395,000 (hereinafter “instant decision”) by considering that the negligence ratio between the Plaintiff’s vehicle and the Defendant’s vehicle was 50:50 in relation to the instant accident and the Defendant’s vehicle was determined (hereinafter “instant decision”).

E. The Plaintiff and the Defendant did not request or institute a retrial within 14 days from the date of receiving the notice of the instant decision.

F. The mutual agreement concluded between the Plaintiff and the Defendant is defined as follows.

[Mutual Agreement on the Deliberation of Motor Vehicle Insurance Dispute] Article 18 (Liability for Deliberation) All Agreements Companies are stipulated in this Agreement in preference to any indemnity dispute.