1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. Under the Guarantee of Automobile Accident Compensation Act, the Plaintiff is an insurer that entered into an automobile insurance contract with respect to an insurance company and B (hereinafter “Plaintiff-motor vehicle”) that compensates for damage caused by non-insurance lanes entrusted by the Republic of Korea for the business guaranteeing automobile accident compensation.

The defendant is the owner of a vehicle C (hereinafter referred to as "Defendant vehicle").

B. At around 16:10 on Nov. 13, 2005, the Defendant’s vehicle neglected to perform the duty of charging attention on the road near Seocheon-si, Seocheon-gu, Seocheon-si, which caused a shock of the back part of the Plaintiff’s vehicle in the signal atmosphere.

(hereinafter referred to as “instant accident”). C.

The defendant vehicle did not subscribe to liability insurance, and the plaintiff paid the insurance money of the plaintiff vehicle driver D and passengers E, F, G, and H by February 6, 2006, with the medical expenses of the plaintiff vehicle driver E, F, G, and H, 6,264,60 won, and 461,90 won as the insurer of the plaintiff vehicle, and 6,726,560 won ( = 6,264,660 won) as the repair cost of the plaintiff vehicle.

In the lawsuit of claim for reimbursement against the defendant in Incheon District Court 2006Gaso136969, which the plaintiff raised against the defendant, the court decided on May 1, 2006 that "the defendant shall pay the plaintiff 5% interest per annum from February 7, 2006 to July 1, 2006, and 20% interest per annum from the next day to the day of full payment." The above decision was finalized on July 16, 2006.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff seeks full payment of the claims according to the final and conclusive decision of performance recommendation by the instant lawsuit.

Article 5-7 (1) of the Trial of Small Claims Act provides that when the defendant fails to file an objection within a fixed period of time, the decision of rejection of an objection becomes final and conclusive, or the objection is withdrawn, the decision of performance recommendation shall have the same effect as the final and conclusive judgment.