1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 17, 2009, at around 09:10, the Plaintiff driven a B-Motor vehicle (hereinafter “Plaintiff-motor vehicle”) on October 17, 2009, and collisioned with C-Motor vehicle D (hereinafter “Defendant-motor vehicle”) with a driver’s vehicle (hereinafter “Defendant-motor vehicle”) driving in the middle line on the street located in Jongno-gu Seoul Metropolitan Government, Jongno-gu.

(hereinafter “instant accident”). B.

The defendant is an insurer in charge of the business of guaranteeing motor vehicle accident compensation (hereinafter referred to as the "government-guaranteed business") entrusted with the authority of the government under the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the "Act") and the business of compensating the victim of automobile accident caused by motor vehicles operated by a person who is not a policyholder of the motor vehicle accident compensation insurance within the scope of the insurance amount of the liability insurance, and when the insured with respect to the defendant's motor vehicle died or died of an accident caused by an accident caused by an non-insurer accident, the insurer who entered into an automobile accident insurance contract that provides for the damage according to the terms and conditions of the contract (hereinafter

C. After the instant accident, the Defendant paid KRW 5,589,810 to the victim C, etc. within the scope of the insurance proceeds of the liability insurance in accordance with the Government Security Business, and KRW 3,000,000 according to the instant accident security agreement.

The Defendant filed a lawsuit against the Plaintiff on August 25, 2010 by filing a claim for reimbursement with the Seoul Central District Court Decision 2010Da5104796, the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) to the effect that “the Plaintiff shall pay to the Defendant 5,589,810 won and the amount calculated by the rate of 5% per annum from January 19, 2010 to the service date of a duplicate of the complaint, and 20% per annum from the next day to the day of complete payment” (hereinafter “decision on performance recommendation of this case”). The said decision on performance recommendation was finalized on September 15, 2010.

E. In addition, the Defendant filed a claim for reimbursement against the Plaintiff as Seoul Central District Court Order 2012 tea1827.