1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. On May 11, 2014, at around 03:00, the Defendant was driving a 125 cc Katoba, without a license for a motorcycle and without a license, to drive a 125 cc obaba, without a license for a motorcycle, and was driving a one-lane of the road adjacent to the Busan Metropolitan City Transportation-Fababba, Busan.

At the same time, the two-lanes were parked, but B was parked on the roadway in order to avoid the parked vehicles and get off the taxi which stopped on the first lane.

The Defendant continued to proceed to the right side of the above taxi, and brought up the parts of B on the side of Otoba, and due to which, B suffered injury, such as the left-side pelle, the left-side pelle, the left-hand pelle, etc. requiring at least 6 weeks of treatment.

(hereinafter “instant accident”). B.

On September 3, 2014, the Defendant was convicted of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the violation of the Guarantee of Automobile Accident Compensation Act in the Busan District Court’s Dong Branch, and the said judgment became final and conclusive on September 12, 2014.

C. In accordance with Article 45(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”), the Plaintiff was entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing automobile accident compensation under Article 30(1) of the Act, and was claimed from B for the payment of the Defendant’s compensation for damage on the ground that the Plaintiff is an insurance vehicle with no Oralone.

Accordingly, on July 29, 2014, the Plaintiff paid medical expenses of KRW 5 million, which is the maximum amount of liability insurance money corresponding to the degree of injury (Grade 6, 7) suffered by B pursuant to Article 5(1) of the JA and Article 3(1)2 of the Enforcement Decree of the same Act, to the hospital that treated B as compensation for the business of guaranteeing motor vehicle accident compensation.

On the other hand, the plaintiff paid KRW 6,639,130 to medical expenses and agreed amount in accordance with the "special agreement for coverage by non-insurance vehicles" among automobile insurance contracts with B separate from the payment of liability insurance proceeds.