1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

The plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as "Plaintiff vehicle") and the defendant is the insurer who has entered into an automobile insurance contract with B (hereinafter referred to as "Defendant vehicle").

On December 5, 2015, at around 20:01, the Plaintiff’s vehicle entered the intersection pursuant to the left-hand turn at the private distance intersection in Gwanak-gu, Seoul Special Metropolitan City, and then there was an accident of collision with the Defendant’s vehicle that entered the intersection according to the straight signal (hereinafter “instant accident”).

After paying KRW 756,820,00 due to the instant accident, the Plaintiff filed a petition for deliberation with the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter referred to as the “Deliberation Committee”).

On May 9, 2016, the Deliberation Committee rendered a decision to deliberate and coordinate the following: “The Plaintiff’s liability ratio shall be 30% and the Defendant’s liability ratio shall be 70%, and the Defendant’s payment to the Plaintiff shall be 529,774 won.”

The decision of deliberation and mediation of this case was finalized on June 2, 2016, because the plaintiff and the defendant did not request re-deliberation within 14 days from the date of receipt of the notice of decision of the Deliberation Committee.

E. The Plaintiff and the Defendant are parties to the mutual agreement on the deliberation of the dispute over the claim for reimbursement of automobile insurance (hereinafter “instant agreement”). The main contents of the instant agreement and the enforcement rules are as follows.

Article 17 (Request for Deliberation and Commencement of Deliberation Procedure) (1) The procedures for the settlement of disputes on indemnity under this Agreement shall begin by the request for deliberation.

(2) An appellant may request the deliberation of a dispute concerning indemnity by specifying the appellee.

The method of requesting deliberation, cost bearing, and other necessary matters shall be prescribed by the implementation rules.

Article 18 (Duty of Transitioning Request for Review) All Agreement Companies shall first enter into this Agreement with respect to disputes of recourse.