All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the main text of Article 30(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”) provides that “In any of the following cases, the Government shall compensate for the damage inflicted upon the victim within the scope of the insurance amount of liability insurance” (Article 30(1)); and Article 39(1) of the Automobile Accident Compensation Act provides that “Where a person, other than the insured, etc., is liable to compensate for the damage pursuant to Article 3, the Government may exercise the right to compensate the victim for the damage under Article 3, to the extent of the amount of compensation.” As such, where an insurance company entrusted with the business of compensation under Article 30(1) by the Minister of Land, Infrastructure and Transport pursuant to Article 45(1) of the Automobile Accident Compensation Act pays compensation to the victim, the insurance company can exercise the right to compensate the victim for the damage on behalf of the person liable to compensate for the damage under Article 3 of the Automobile Accident Compensation Act, and the person liable for joint and several liability between the holder and the owner of a vehicle due to the same accident.

Even if it is not possible to exercise the right to claim damages against the victim of such tort under the Civil Code.

[See Supreme Court Decision 2007Da28161, 2007Da28178, Jul. 26, 2007, etc.] According to the reasoning of the lower judgment, the lower court, as an insurance company entrusted with the business of guaranteeing motor vehicle accident compensation of the government, paid compensation to H, etc., the victim of the instant accident caused by the instant non-insurance vehicle, as it is an insurance company entrusted with the business of guaranteeing motor vehicle accident compensation of the government, is under Article 750 of the Civil Act in relation to joint and several liability with C, the owner of the instant vehicle