The appeal by the defendant (appointed party) is dismissed.

Expenses for appeal shall be borne by the defendant (appointed party).

Judgment of the first instance.

In fact, the Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with E with respect to the F vehicle (hereinafter referred to as “victim”).

Defendant C, around 15:25 on July 3, 2010, driving a G vehicle owned by Defendant D (hereinafter “AD”) and making a left-hand turn to the left on the first road located in Kim Jong-si, Defendant C caused a traffic accident in which the damaged vehicle under the opposite part was committed (hereinafter “instant traffic accident”).

In the event of the above traffic accident, E suffered from the injury of internal diversopical dives, etc. which requires treatment for three weeks, while J suffered from the injury of spine flives, etc. which requires treatment for about four weeks.

The Plaintiff paid KRW 3,637,040 to E as medical expenses and solatium by December 28, 2010, and KRW 4,777,780 to J.

[Based on the fact that there is no dispute, according to the above facts, Gap evidence Nos. 1 through 6 (including virtual numbers), the occurrence of damages liability for determining the overall purport of the pleadings, and the occurrence of damages liability for limitation on liability, the occurrence of the instant traffic accident occurred due to negligence committed by the defendant C, who is the driver of the vehicle operating within the limit of liability. As such, the defendant C is a tort, and the defendant D is liable to compensate for the damage caused by the instant traffic accident to E and J as an operator under the Guarantee of Automobile Accident Compensation Act.

As to this, Defendant D borrowed KRW 120,000,00 from K in July 2004, but failed to repay the principal, Defendant D, at the request of Defendant C, a pet of K, in 2007, transferred the ownership of the vehicle in question to K. Thus, Defendant D did not claim that it is an operator of the instant vehicle.

In order to reverse the presumption, the owner of a motor vehicle is presumed to be the "operator" of the motor vehicle under the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act, and the owner of the motor vehicle loses his status as an operator at the specific time of operation.