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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with B on his own vehicle.
The above insurance contract includes a special contract for compensating for damage such as injury caused by an insured automobile without insurance, and C, which is a child of B, is also included in the insured.
B. At around 07:50 on October 14, 2017, while serving in the Army, C was on the roads near the 15th class group of the 15th class group of the 15th class group of the Gangwon-gu Fire Station, and on the roads near the 38th class of the 15th class of the 15th group of the 5th group of the 15th group of the 5th group of the 15th group of the 5th group of the 195 group of the
(hereinafter referred to as “instant accident”). C.
In accordance with the special agreement on indemnity against non-insurance motor vehicles, the Plaintiff paid C the insurance proceeds of KRW 133,200,000,000 for the damages incurred by C due to the instant accident by the Defendant, a non-insurance motor vehicle, until November 23, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 10, Eul evidence No. 2 and the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, C was involved in the instant accident while on board the Defendant, a non-insurance vehicle, and the Plaintiff was compensated for damages caused by the instant accident to C. Thus, barring any special circumstance, the Plaintiff may exercise the right to claim damages against C in subrogation against the Defendant pursuant to the proviso of Article 729 of the Commercial Act.
B. The defendant's defense, etc. 1) The defendant's summary C is entitled to receive compensation for disability under Article 32 (1) of the Military Pension Act. Thus, the defendant cannot claim compensation for damages to the defendant under the proviso of Article 2 (1) of the State Compensation Act, and the plaintiff cannot claim compensation for damages to the defendant by subrogation of C. The related legal principles are as follows.