1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

1. Basic facts

A. The Plaintiff and the Defendant, together with the Defendant, are those who were involved in the instant traffic accident as seen below while getting on and off the “D” X500A Baba (hereinafter “the instant Obaba”), which are owned by the Defendant, and the Intervenor joining the Defendant is the insurer who entered into automobile insurance with the Defendant regarding the said Obaba.

B. On April 8, 2016, the Plaintiff and the Defendant, along with the foregoing Obaba in the Defendant’s possession on April 2 and 37, 2016, passed at a rapid speed in front of the fall rate of the second line of the Southern Sea Highway, which is located in the Dobong-gu Busan Metropolitan City, and was faced with an accident where plastic shock absorption units located on the left side of the direction of the course while going through the SeosanIC in the direction of the original. (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1, 3 through 6, Eul evidence Nos. 1, 5 and 7, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is the Defendant who driven the instant Oral Ba at the time of the instant accident, and the Plaintiff was the passenger.

Therefore, the Defendant, as the perpetrator of the instant accident, is obligated to compensate the Plaintiff, who is the victim, for damages, KRW 29,342,174 of the medical expenses incurred by the Plaintiff (i.e., medical expenses of KRW 17,440,79 of the Busan University Hospital Hospital Hospital in KRW 3,840,458 of the E Hospital treatment expenses of KRW 8,060,917) and the delay damages therefrom.

B. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that “A person who operates an automobile on his/her own behalf shall be liable to compensate for the damage in cases where he/she has killed or injured another person due to the operation thereof.”

The term "other person" in the above provision refers to a person other than a person who operates a motor vehicle on his own behalf and a driver of a motor vehicle, and thus a person who actually drives the motor vehicle or has engaged in assisting in the driving of the motor vehicle is different from the provisions of Article 3 of the above Act.