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(영문) 대전지방법원 2020.02.18 2018나119443
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasoning for this part of the reasoning is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for deletion of the part concerning the third and third names No. 5 and No. 6 of the judgment of the first instance. Thus, this part of the reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. 1) Article 30(1) of the Automobile Loss Act provides that “In any of the following cases, the Government shall compensate for the damage inflicted upon the victim within the scope of insurance coverage.” Article 30(1) provides that “In cases of death or injury caused by the operation of an automobile, the owner of which is unknown,” and Article 39(1) of the same Act provides that “In cases of compensation under Article 30(1), the Government may exercise the victim’s right to claim compensation against a person liable for compensation under Article 3 to the extent of the amount of compensation.” Thus, in accordance with Article 45(1) of the same Act, the Ministry of Land, Infrastructure and Transport may exercise the victim’s right to claim compensation against the victim within the scope of the amount of compensation entrusted by the Minister of Land, Infrastructure and Transport for the business of guarantee under Article 30(1) of the same Act (see, e.g., Supreme Court Decision 200Da75175, Dec. 27, 2012).

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