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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that is entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing motor vehicle accident compensation pursuant to Article 45 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Liability Act”).
B. On February 2, 2013, at around 19:20, the Defendant driving a Dap car not covered by mandatory insurance, and driving a three-lane road in front of the Gupo-dong in Busan, along one-lane in the direction of the sub-section in the direction of the sub-section in the direction of the sub-section. On the left side of the Defendant’s proceeding, the Defendant shocked C to the right side of the crosswalk red signals, and suffered injury to C, such as a light dufing the right side in need of approximately 10 weeks of medical treatment.
(hereinafter referred to as "accident of this case"). C.
From March 22, 2013 to August 16, 2013, the Plaintiff paid KRW 2,935,00,000 to C total of compensation under Article 30(1) of the Automobile Loss Act.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1, 2, 3, and 4, entry of Eul evidence 3, the purport of whole pleadings
2. According to the facts found in the determination as to the cause of the claim, the Plaintiff may exercise in subrogation the victim C’s right to claim damages against the Defendant liable for damages under Article 3 of the Automobile Loss Act within the scope of KRW 29350,000,000 for the said compensation pursuant to Article 39(1) of the Automobile Loss Act (see Supreme Court Decision 2011Da77795, Jan. 27, 2012). As such, the Defendant is obliged to pay the Plaintiff KRW 29350,00 and the delay damages.
3. Judgment on the defendant's assertion
A. The defendant asserts that C was treated as health insurance for the injury inflicted by the accident in this case, and the defendant is determined by the National Health Insurance Corporation to file a lawsuit seeking compensation for indemnity and paid all the amount of indemnity. Thus, the plaintiff cannot comply with the plaintiff's claim for indemnity.