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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: the plaintiff's "the plaintiff's" in Part 3 of the judgment of the court of first instance is dismissed as "the defendant's"; the part of the reasoning of the judgment of the court of first instance, except where the part of Chapters 6, 12, and 7, and 10 are modified as follows; therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[The part concerning the revision to the 6th sentence of the first instance court to the 12th sentence to the 7th sentence] “(2) is considered as to whether K is unable to recognize the identity of another person under the Guarantee of Automobile Accident Compensation Act.
The term "other person" under Article 3 of the Guarantee of Automobile Accident Compensation Act refers to "a person other than a person who operates an automobile on his own behalf and a driver of the relevant automobile," and as seen earlier, K is not a plaintiff's driver at the time of the instant accident.
Furthermore, the following circumstances revealed from the facts and the evidence as seen earlier, namely, K started driving of the Plaintiff’s vehicle without its owner’s consent. However, after parking the Plaintiff’s vehicle in the restaurant parking lot, K did not drive the Plaintiff’s vehicle with H and drinking, and it appears that K believed that H is eligible to drive the Plaintiff’s vehicle, which is a company’s business-use vehicle, as a staff member of H, and that H is in a position equal to K in relation to A and the Plaintiff’s vehicle. As such, it is sufficient to deem that H driving of the Plaintiff’s vehicle was not due to the fact that K had been granted the power to use the Plaintiff’s vehicle, but to return it to the company as an employee. At the time of the instant accident, the destination of the Plaintiff’s vehicle at the time of the instant accident is a company and its employee.