1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. In the case of a large-scale accident caused by the operation of a motor vehicle which was not covered by liability insurance pursuant to Article 30 of the Motor Vehicle Compensation Guarantee Act (hereinafter “Motor Vehicle Compensation Act”), the Plaintiff is an insurance company that is entrusted with the authority of the government to compensate for the damage of the victim within the scope of the liability insurance amount (hereinafter “Guarantee Business”). The Defendant is the owner of the unregistered Oral Sea (hereinafter “Defendant Oral Sea”), who did not subscribe to liability insurance with respect to the Defendant Oral Sea (hereinafter “Defendant Oral Sea”).

B. At around 20:20 on July 5, 2016, the Defendant driven Defendant Ortoba, driving a road of 4 meters wide from the boundary of the village in Songwon-si, where the center line was not installed, to the d middle school bank, and driving the road to the left-hand side at the corner of the e-driving road, which led to an accident of shocking the FObaba (hereinafter referred to as “damage Oba”) of the e-driving in the direction opposite to the opposite to the maba (hereinafter referred to as “victim”) on the right side of the road.

(이하 ‘이 사건 사고’라 한다). 이 사건 사고로 인하여 E는 경골근위단 골절, 무릎뼈인대의 손상 등의 상해를 입었다.

C. From October 27, 2016 to February 20, 2017, the Plaintiff paid KRW 6,422,650 in total as E’s medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the claim in this case where the plaintiff asserted against the defendant in subrogation of the right to claim damages against the defendant pursuant to Article 39(1) of the Automobile Loss Act, the defendant paid 7 million won as the name of medical expenses, etc. to E, and accordingly, E would not be held liable for mutual civil and criminal liability. Such agreement constitutes a special agreement for non-instigation of a lawsuit and the plaintiff's claim is unlawful contrary to the special agreement for non-instigation of a lawsuit.

(b) judgment Nos. 1 and 3 is written.