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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 7, 2016, Co-Defendant B of the first instance trial driven the instant vehicle C (hereinafter “instant vehicle”) on or around 19:35, and carried out a side road with no line located in the network base located in the network base located in 53-gil, Mapo-gu, Seoul, as the network source station located in the network base, and did not perform its duty of front-way repair, and Non-performance of the duty of front-way repair, Defendant B served the right side of D, walking on the right side of the instant vehicle as the front right side of the instant vehicle (hereinafter “instant accident”), and as a result, D suffered injury, such as a sliding of the upper-hand side part of the leg.
B. The Plaintiff paid KRW 9,410,830,00,000, out of the medical expenses for the injury inflicted D due to the instant accident, to D, until January 23, 2017, according to the special agreement on non-life insurance for an automobile insurance contract with D’s children, for insurance proceeds, KRW 3,157,630, out of the insurance proceeds for the liability insurance proceeds from the Henan Fire Maritime Insurance Co., Ltd., Ltd., the insurer of the instant vehicle, and KRW 3,126,60,00,000, respectively, was paid from Samsung Fire Maritime Insurance Co., Ltd., which duplicate the insurance coverage for the non-life insurance.
C. Meanwhile, at the time of the instant accident, the Defendant was registered as the owner in the register of automobile concerning the instant vehicle.
【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1, the purport of the whole pleadings and arguments
2. Determination as to the claim for indemnity
A. According to the facts of recognition as to the cause of the claim, the Defendant, the owner of the instant vehicle, is liable to compensate for damages sustained D due to the instant accident, as an operator under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”), barring any special circumstance, barring any special circumstance. Therefore, the Defendant, the owner of the instant vehicle, is obliged to pay the insurance proceeds to D and pay the Plaintiff the indemnity amount equivalent to the insurance proceeds paid to D