1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. At around 15:50 on March 11, 2013, the Defendant used B excavation devices (hereinafter “the instant excavated devices”) from the front parking lot in the Newannam-gun, Newannam-gun, for the removal of steel products in the said parking lot (hereinafter “the instant work”). During the instant work, the instant excavation devices and the instant structure were cut down by the wind, and the instant structure had been connected to the instant excavated machines and the instant structure, which led to the instant accident (hereinafter “the instant accident”). At around 17:54 on the same day, C died of brain damage.

B. The owner of the instant excavated and the Defendant did not subscribe to the mandatory insurance for the instant excavated machine under the Guarantee of Automobile Accident Compensation Act (hereinafter the “Act”), and the Plaintiff, a guarantee business operator entrusted with the duties of guaranteeing automobile accident compensation by the Minister of Land, Transport and Maritime Affairs pursuant to Article 45(1)1 of the Act, paid the insurance amount of KRW 100 million up to May 30, 2013 upon request of C, who is a child of C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 13, the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) Where the assistance business operator entrusted by the Minister of Construction and Transportation with the business concerning the assistance business under Article 30 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 45 (1) of the Act on the Aggravated Punishment, has paid compensation to the victim, the assistance business operator may exercise in subrogation the victim's right to claim compensation for damages to a person who is liable for damage under Article 3 of the Act on the Aggravated Punishment, etc.

(Supreme Court Decision 201Da77795 Decided January 27, 2012). The term “motor vehicle” as stated in the Voluntary Operation Act is intended to move from land by motor to land.