1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is an insurer entrusted with the business of guaranteeing motor vehicle accident compensation (hereinafter “Guarantee Business”) pursuant to Article 37 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 8127 of Dec. 28, 2006).

(2) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the vehicles B and C (hereinafter “instant sea vehicles”).

(3) The co-defendant A of the first instance trial is a victim who sustained an injury due to the instant accident, as seen earlier.

B. Around 14:25 on June 10, 2006, D, the husband of the instant accident and the Plaintiff’s compensation payment (1) caused an accident, which occurred in the first instance court co-defendant A, who was directly faced with the center line, leading up to the wind of the Gwanak-gu in Seoul Special Metropolitan City, while driving the instant Maritime Vehicle at around 1568-7 and driving a two-lane road near the Dobong-do 1568-7, Young-gu, Seoul Special Metropolitan City, and driving the instant Maritime Vehicle at the flooding area, resulting in an accident of shocking the Ethtob (hereinafter “instant accident”), but left the site without immediately stopping and taking measures, such as aiding the victim.

(2) On July 7, 2006, A asserted that the instant accident was an accident caused by a motor vehicle for which the owner of the instant motor vehicle is unknown, and filed a claim for the payment of compensation as prescribed by Article 26(1) of the Act, and the Plaintiff paid the Plaintiff KRW 2,052,610 (hereinafter “instant compensation”). By July 13, 2006, the Plaintiff paid the Plaintiff KRW 2,052,610 (hereinafter “instant compensation”).

(3) On the other hand, at the time of the payment of the instant compensation, the Plaintiff entered into an agreement with A to refund the full amount of the compensation received to the extent that the instant accident was not an accident that is not covered by the guarantee business stipulated in Chapter V of the Act, or if the Plaintiff received or would receive the damages from the perpetrator.

(c).