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. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Summary of the parties’ assertion

A. The Defendant, as the operator of the Defendant’s vehicle at the time of the instant accident, is liable for compensating for the damages incurred by B due to the instant accident pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”).

The Plaintiff paid KRW 10,00,000,000, which is the maximum amount of liability insurance, to B as an entrusted agency of the automobile accident compensation business under Article 30 and Article 45(1)1 of the Automobile Loss Compensation Act, because the Defendant was the so-called “non-insured automobile”. The Plaintiff acquired the right to claim damages against B by subrogation as stipulated under Article 39(1) of the Automobile Loss Compensation Act and Article 682 of the Commercial Act, by paying the insurance money equivalent to the medical expenses exceeding the maximum amount of liability insurance to B as a contractor of the non-insured accident security insurance contract for the insured B.

Therefore, the Defendant is obligated to pay to the Plaintiff the 116,812,270 won in total (=10,000,000 + 106,812,270 won) and delay damages.

B. (1) At the time of the instant accident, the Defendant was not in the position of the repairer to whom the operating control and operating profit of the Defendant’s vehicle belongs.

Therefore, the defendant does not assume responsibility against B as an operator under the Automobile Loss Act.

B. Considering that the instant accident was caused by the sudden launch of Defendant vehicle that could not be anticipated, the Defendant’s liability therefrom shall be exempted in accordance with Article 4 of the Automobile Liability Act and the general principles of the Civil Act.

Article 22 of the Civil Code provides that the defendant shall be held liable for damages, in consideration of all the circumstances, if the defendant is held liable for damages.