A. Under the Guarantee of Automobile Accident Compensation Act, the Plaintiff is a non-life insurance company that has acquired liability to compensate for the injury inflicted on a non-insurance driver within the scope of liability insurance, and an insurance company that has concluded an automobile insurance contract with the mother of the Plaintiff’s Intervenor D (hereinafter “D”).

B. On May 7, 2017, the Defendant: (a) caused an accident of falling D by shocking the I vehicle directly engaged in the left-hand turn in accordance with the new subparagraph on the roads adjacent to the left-hand turn in violation of the C-TT 100 Oral signal while carrying D on the back of the 1sts of the Hansan-si art plaza at the Hansan-si, Annsan-si, the Hansan-si, without a driver’s license; and (b) driving a registered C-T 100 Oralba, which violated the C-A signal.

D, due to the instant accident, he/she was hospitalized in the G University Hospital Hospital and the department of rehabilitation, and discharged on July 28, 2017.

C. At the time of the instant accident, the Defendant was an uninsurance vehicle that was not covered by the liability insurance, which was driven by the Defendant. However, the Plaintiff paid D KRW 10,00,000 as compensation for the government-guaranteed business, and KRW 32,722,550 as compensation for non-insurance premium.

【Ground for Recognition: Unsatisfy, Entry in Gap evidence 2 through 4, and 6 (including paper numbers), the purport of the whole pleadings】

2. Occurrence of the right of indemnity;

A. The Defendant is liable to compensate D for damages in accordance with Article 3 of the Guarantee of Automobile Accident Compensation Act and Article 750 of the Civil Act, inasmuch as he/she was injured D by negligence in the course of driving a motorcycleba in violation of the signal without a license.

On the other hand, if there is a person liable to compensate for the loss when the insured has sustained the loss due to a traffic accident caused by an non-insurance motor vehicle, the insurer has the nature of the non-insurance contract, which provides that the insured shall compensate for the loss in accordance with the terms and conditions.