가불금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. The following facts do not conflict between the Parties:
The plaintiff is a mutual aid business operator who has entered into a mutual aid agreement with respect to D vehicles owned by C (village bus, hereinafter referred to as "Plaintiff vehicle").
B. At around 14:20 on May 18, 2018, the Plaintiff’s vehicle shocked the Defendant, who was driven by the Defendant without permission, while driving the vehicle along the three-lanes in front of the 252 new interest class in Eunpyeong-gu Seoul.
C. The Defendant suffered her malm in the instant accident. The Plaintiff suffered losses from the alley of his malm in the light of her malm, and Article 11 of the Guarantee of Automobile Accident Compensation Act (Advance payment to the victim) Article 11 of the Guarantee of Automobile Accident Compensation Act (Advance payment to the victim) (1) Where a policyholder, etc. has caused the death or injury of another person due to the operation of an automobile, the victim may request the insurance company, etc. to pay the full amount of motor vehicle insurance medical fees, as prescribed by Presidential Decree,
(2) Where an insurance company, etc. receives a request under paragraph (1), it shall pay advance payment within the period prescribed by Ordinance of the Ministry of Land,
(3) Where the advance payment made under paragraph (2) exceeds the insurance money, etc., the insurance company, etc. may demand the person who has received such advance payment refund the excessive amount.
(4) Where it is found that the policyholder, etc. has no liability for damages after advance payment has been made under paragraph (2), the insurance company, etc. may demand the person who has received such advance payment refund the amount.
(5) Where the advance payment is not refunded notwithstanding the request for refund under paragraphs (3) and (4), and the requirements prescribed by Presidential Decree are satisfied, the insurance company, etc. may request the Government to compensate for the advance payment not refunded.
The advance payment shall be made to the defendant under paragraph (2).