구상금
1. The plaintiff's appeal and the plaintiff's successor's claim are all dismissed.
2. The costs of the lawsuit after filing the appeal.
1. Basic facts
A. The Plaintiff is an insurer who is entrusted by the Minister of Land, Infrastructure and Transport with the Government’s business of guaranteeing motor vehicle accident compensation within the limit of liability insurance under Article 30(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Accident Compensation Act”) where another person is injured due to the operation of a motor vehicle not covered by liability insurance or liability mutual aid under Article 5(1) of the same Act.
B. On January 25, 2017, at around 10:55, the Defendant: (a) driven a D truck not covered by liability insurance (hereinafter “Defendant vehicle”); (b) and (c) obstructed the intersection in front of the Seoul Dongdaemun-gu to the direction of the F Elementary School in the direction of the E market; and (d) conflict with the Imotor bicycle of H Driving that passed the intersection to enter the E market direction from the opposite G apartment direction of the E market (hereinafter “Plaintiff vehicle”).
Plaintiff
After the collision, the vehicle is in excess of the above collision, and the vehicle is in conflict with the vehicle (J) in the opposite part.
(hereinafter referred to as “instant accident”). C.
In the instant accident, H was treated at K Hospital, etc. due to an injury caused by the left-hand trees, etc.
By July 17, 2018, the Plaintiff paid KRW 7,000,000 (hereinafter “instant compensation”) to H who suffered injuries by Defendant Motor Vehicle, a non-insurance motor vehicle, as compensation for the government-guaranteed business under Article 30(1) of the Automobile Loss Compensation Act.
Meanwhile, the Plaintiff’s succeeding intervenor is an institution that is entrusted by the Minister of Land, Infrastructure and Transport with the vicarious exercise of the right to claim damages under Article 39(1) of the Automobile Loss Act pursuant to Article 45(1)4 of the same Act.
The Plaintiff’s succeeding intervenor, including the Plaintiff on February 28, 2020, has a right to claim damages by the victim’s subrogation under Article 39(1) of the Automobile Loss Act as of March 2, 2020.