구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:
The Plaintiff is an insurer who has entered into an automobile insurance contract that contains a special agreement for injury by an non-insurance vehicle (hereinafter referred to as the “instant special agreement”) with respect to the D vehicle owned by C (hereinafter referred to as the “Plaintiff”), and the Defendant A is the owner of the E-vehicle (hereinafter referred to as the “Defendant Vehicle”).
B. On September 10, 2012, Co-Defendant B of the first instance trial, with a blood alcohol content of 0.054% around 16:30, 2012, driving the Defendant vehicle at the gas station in front of the gas station located in the Ilcheon-si, one-dong city without a car driver’s license, and driving the Defendant vehicle at the private-distance intersection in front of the gas station located in the middle of the one-way intersection, and straighted from the one-way intersection in the middle of the one-way intersection, and suffered injury to F, who is the front left side of the Plaintiff’s vehicle, the front left side of the Defendant vehicle, the front left side of the Plaintiff’s vehicle, which was proceeding from the front side of the road
(hereinafter referred to as the “instant accident”). C.
The Plaintiff paid KRW 131,758,520 in total to F by November 28, 2013 in accordance with the instant special agreement. On September 30, 2013, the Plaintiff received KRW 63,029,780 as the liability insurance amount for Defendant vehicle from a lot damage insurance company.
2. Determination
A. According to the Defendant’s recognition of the Defendant’s liability for damages against F, the Defendant is the owner of the Defendant’s vehicle, who was in possession of operating control and operating profit for the Defendant’s vehicle at the time of the instant accident, and thus constitutes an operator, and the Co-Defendant B of the first instance trial is the driver of the Defendant’s vehicle, who is the victim of the instant accident, is liable for damages under Article 3
On the other hand, the above facts are recognized by comprehensively taking into account the descriptions of Gap evidence No. 2 and the overall purport of arguments, namely, the driver's license for driving without drinking, in this case.