1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C New E&V vehicle owned by B (hereinafter “Plaintiff”), and the Defendant is the owner of Dnura vehicle (hereinafter “Defendant vehicle”).

B. At around 18:40 on June 16, 2009, E, while driving the Defendant vehicle at the Gmomotong intersection located in Yangsan F, suffered injury, such as flaverization and flaverization on the right side to H who was on the part of the Plaintiff’s vehicle while driving the Defendant vehicle at the right side.

(hereinafter “instant accident”). C.

Since the Defendant’s vehicle was the insurer of the Plaintiff’s vehicle at the time of the accident, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 19,275,870,00 in total, from July 27, 2009 to August 14, 2009.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, each entry of Eul 6 evidence, the purport of whole pleadings

2. The parties' assertion

A. The instant accident occurred due to the negligence of the Plaintiff’s driver, and the Defendant’s vehicle is an non-insurance vehicle not covered by the automobile liability insurance, and the Plaintiff paid KRW 19,275,870 in total to H as the victim’s medical expenses and agreed amount.

The defendant, as the owner of a vehicle, constitutes an operator under the Guarantee of Automobile Accident Compensation Act, and the defendant is obligated to pay the indemnity amount of KRW 19,275,870 and delay damages to the plaintiff.

B. When the Defendant was unable to repay the borrowed money from the bond company, the Defendant transferred the Defendant’s vehicle to the bond company to lose all of the operating control and operating profit of the Defendant’s vehicle prior to the occurrence of the instant accident, and thus, cannot accept the Plaintiff’s claim.

3. "A person who operates an automobile for himself" under Article 3 of the Guarantee of Automobile Accident Compensation Act means a person who controls the operation of an automobile and is in the position of a responsible subject to the benefit of the operation.