1. Of the judgment of the court of first instance, the part of the judgment against Defendant LEL insurance Co., Ltd. is revoked, and that part is revoked.

1. The reasoning for the court’s explanation concerning this case is the same as that of the corresponding column of the judgment of the court of first instance, and thus, the same is cited by the main text of Article 420 of the Civil Procedure Act

2. Determination as to the Plaintiff’s claim against the Defendants

A. The main purpose of the Guarantee of Automobile Accident Compensation Business under Article 30 of the Act is to compensate the damage of the victim who died or was injured due to an accident caused by the operation of a motor vehicle without the identity of the owner of the motor vehicle or without the identity of the owner of the motor vehicle within the limit of liability insurance. Thus, in the case of an accident caused by a joint tort, it is to supplement the system of automobile liability insurance, which is legally enforced for the purpose of protecting the victim of a traffic accident caused by a motor vehicle without the identity of the owner of the motor vehicle. Thus, even if the other perpetrator is liable to operate the motor vehicle under Article 3 of the Act, if the victim is entitled to compensation from the liability insurance he/she has purchased even if the other perpetrator is clearly identified, if the other perpetrator is entitled to compensation from the liability insurance he/she has purchased, the victim’s claim against the victim is not recognized. This is likewise true, even if the insurer who concluded the liability insurance contract with the motor vehicle of the other perpetrator as the insured motor vehicle, etc. refuses the payment of compensation for the victim’s damage.

In addition, in cases where the assistance business operator has paid the compensation to the victim without knowing the fact that it does not fall under the object of the Guarantee Business of Automobile Accident Compensation, the said assistance business operator may seek the return of the compensation to the victim, and the victim.