구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The reasoning of the court's explanation of this case is as follows, in addition to adding the following judgments to the fourth one of the judgment of the court of first instance concerning the newly asserted matters in the court of first instance, the reasoning of this case is as stated in the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
The plaintiff's assertion as to the liability for damages under the Guarantee of Automobile Accident Compensation Act for additional determination is that the person operating the instant truck straw on his behalf, and the accident of this case occurred due to its operation, and thereby G is injured, the defendant bears the liability for damages against G pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the "Act on Automobile Accident Compensation"), and the plaintiff is relieved of the defendant by paying insurance money of KRW 100,000,000 to G, and acquired the right to indemnity against the defendant. Thus, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 100,000,000
"A person who operates an automobile for his/her own interest" in Article 3 of the Motor Vehicle Liability Act concerning the cause of a claim refers to a person who can be deemed to be in the position of a responsible subject to the control of the operation of the relevant motor vehicle and the benefit therefrom by social norms. In such cases, the control of operation shall not be limited to the practical control, but shall also include cases where it is deemed to have an indirect control or a possibility of control by social norms.
(See Supreme Court Decision 2009Da42703, 42710, Oct. 15, 2009, etc.). In addition, Article 2 Subparag. 2 of the Automobile Loss Act provides that “the operation of a motor vehicle means the use or management of a motor vehicle according to its usage, regardless of whether or not it carries persons or things,” and this provision provides that “the use of a motor vehicle according to its usage.”