The Defendants jointly and severally agreed to the Plaintiff 14,199,605 Won and its related 5% per annum from August 4, 2017 to January 15, 2021.

1. Occurrence of liability for damages;

A. On August 4, 2017, D around 15:00, at the construction site of Seoul E-building, D began driving of the Defendant vehicle while the Plaintiff arranged a scrap rail loaded in the loading of the F truck (hereinafter “Defendant vehicle”), which led to the Plaintiff’s crashing on the floor (hereinafter “the instant accident”).

2) Due to the instant accident, the Plaintiff sustained injury, such as pressure pressure, etc.

3) Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of the Defendant vehicle with interest on the user of the Defendant vehicle, and the Defendant C Federation (hereinafter “Defendant Federation”) is the mutual aid business entity that entered into a mutual aid agreement with the Defendant vehicle.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 3 and Eul evidence Nos. 2, results of physical appraisal entrusted to G hospital heads of this Court, results of fact inquiries, the purport of the whole pleadings

B. According to the facts found as above, since the Plaintiff was injured by the operation of the Defendant vehicle, the Plaintiff, as the owner of the Defendant vehicle, sought compensation for damages arising from the employer’s liability against the Defendant B. However, Article 3 of the Guarantee of Automobile Damage Compensation Act is a special provision under the Civil Act on tort, and thus, the person who suffered damages due to the automobile accident did not claim compensation under the Guarantee of Automobile Damage Compensation Act.

The court should apply the Guarantee of Automobile Compensation in preference to the Civil Act (see Supreme Court Decision 95Da29390 delivered on November 28, 1997), and since Defendant B was the owner of the Defendant vehicle, the court recognizes the liability under the Guarantee of Automobile Compensation Act;

Defendant Federation, a mutual aid business entity, is jointly and severally liable for damages between the insured and the insurer (see, e.g., Supreme Court Decision 2010Da53754, Oct. 28, 2010). Damage incurred by the Plaintiff due to the instant accident.