1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. B, on April 15, 2012, while driving a shower car (hereinafter “Defendant vehicle”) at the Galley-gu, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, in violation of the signal, led to the left turn to the left and to the left of the e-cab driven by D (hereinafter “Plaintiff vehicle”), and caused the Plaintiff’s passenger F.

(hereinafter “instant accident”). (b)

The Plaintiff entered into a mutual aid agreement with respect to the Plaintiff’s vehicle, and paid KRW 2,283,870 to the passenger F of the Plaintiff’s vehicle to the passenger F by June 21, 2012.

C. From April 20, 2010, Defendant vehicles owned by the Defendant, and the transfer of ownership was registered in G name on April 18, 2012, and the registration was voluntarily cancelled on April 19, 2012.

[Ground for recognition - Unsatisfy, Gap evidence 1 to 6 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination as to the cause of action

A. At the time of the Plaintiff’s assertion, the Defendant was the owner of the Defendant’s vehicle, and the Defendant is obligated to pay the Plaintiff KRW 2,283,870 as the operator of the instant vehicle.

B. Around April 3, 2012, the Defendant asserted that the Defendant purchased the Defendant’s vehicle I from H, a used vehicle dealer, on condition of borrowing and lending the Defendant’s vehicle, and paid KRW 3.8 million on H’s side, and issued all documents on the transfer of the Defendant vehicle.

Therefore, at the time of the instant accident, the Defendant had already lost the operating control and operating profit of the Defendant’s vehicle. Therefore, the Plaintiff cannot be held liable to the Defendant as an operator.

C. On April 3, 2012, in light of the following: (a) there is no dispute between the parties to the judgment; or (b) the overall purport of the pleadings in the testimony of the witness witness B of the trial party; (c) the Defendant had already purchased the oos vehicle from H to transfer the Defendant vehicle to H; and (d) delivered the documents necessary for the transfer registration.