1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with B with respect to C vehicles without insurance, and the Defendant is the owner of D vehicles (hereinafter “Defendant vehicle”).

B. On February 18, 2013: (a) around 13:15, 2013, E driving the Defendant’s vehicle at the request of F, who was working as the kitchen of the Chinese restaurant operated by the Defendant, to request for the delivery of food by using the Defendant’s vehicle; (b) was driving the Defendant’s vehicle at the request of F, and then driving the vehicle along the two-lane road in front of H in G in the East Sea, and the mother of B walking the said road was shocked I.

(hereinafter “instant accident”). C.

By June 20, 2013, the Plaintiff paid KRW 10,337,290 in total under the name of the I’s medical expenses and agreement for the instant accident in accordance with the foregoing non-insurance coverage agreement, and returned KRW 6,111,910 from the Heung Fire Marine Insurance Co., Ltd. which entered into a liability insurance contract with respect to the Defendant vehicle.

[Based on recognition] Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, the inquiry result of the court of first instance to the chief of the same maritime police station, the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of claim, the Defendant is liable for compensating the Plaintiff for the damages incurred by the victim I in connection with the instant accident caused by the operation of the Defendant’s vehicle in accordance with Article 3 of the Guarantee of Automobile Accident Compensation Act. Thus, the Defendant is obligated to pay the Plaintiff who subrogated the Plaintiff’s claim for damages with the above insurance money (i.e., KRW 10,337,290 - returned amount to I 6,111,910) and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 21, 2013 to July 1, 2016, the delivery date of the instant complaint from the next day to the next day of the payment date of the insurance money, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.