The judgment of the court below is reversed, and the case is remanded to Gwangju District Court Panel Division.

The grounds of appeal are examined.

1. In case where there is a person liable to compensate for the insured for the loss caused by a traffic accident caused by an non-insurance motor vehicle, the insurer is an non-insurance-type accident insurance with the nature as an accident insurance as well as the nature as an accident insurance, and where there exists an agreement between the parties pursuant to the proviso of Article 729 of the Commercial Act, the insurer may exercise in subrogation the person liable to compensate for the loss to the extent that it does not harm the insured's rights;

(See Supreme Court Decision 9Da50699 delivered on February 11, 2000, etc.). Also, the term term-based automobile insurance contract refers to a motor vehicle which has no automobile insurance contract No. Ⅱ or a mutual aid contract, a motor vehicle which does not provide compensation in automobile insurance Ⅱ or a motor vehicle accident insurance Ⅱ or a mutual aid contract, or a motor vehicle which causes death or injury to the insured is not clearly identified, and an insurance company which has entered into a contract of automobile accident Ⅱ with the insured motor vehicle as an insured motor vehicle (hereinafter referred to as the "insured motor vehicle insurance company") for the victim, for instance, the accident occurred while the accident occurred without the license, etc., and where it is not objectively clarified that the liability of the insurance company for compensation exists due to the relationship such as refusing to pay the insurance money on the ground that there is no negligence on the harming motor vehicle is also a non-insured motor vehicle as stipulated in the above contract and thus, it constitutes an insurance company under the above special agreement for the victim (hereinafter referred to as "victim").