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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. Facts of recognition;
A. At around 18:00 on April 9, 201, the Defendant, while driving a registered Oral Ba (hereinafter “Defendant Oral Ba”) owned by the Defendant, who did not subscribe to liability insurance, and driving a road on the 33rd Dong-dong, Seodaemun-gu, Seoul, Seocho-gu, Seoul, the Defendant: (a) caused an accident that conflicts with the Plaintiff’s No. Baba (hereinafter “the instant accident”); (b) the instant accident caused the injury to the Defendant and was treated at the New Village Hospital.
B. The Plaintiff, as a guarantee business operator entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing motor vehicle accident compensation under Article 30(1) of the Act on the Guarantee of Automobile Accident Compensation (hereinafter referred to as the “Act”), filed a claim for the payment of compensation for damage on the ground that the Defendant is an accident-free vehicle, and paid KRW 4,264,150 to B as compensation for the automobile accident compensation business until June 5, 2012.
C. In the occurrence of the instant accident, the ratio of negligence between B and the Defendant is 70:30, there is no dispute between the parties.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff may exercise the right to claim compensation against B within the limit of the amount of compensation paid to B in accordance with the legal principle of subrogation of the right to claim compensation under Article 31(1) of the Act. According to the above acknowledged facts, the Defendant shall pay damages to B as compensation for damages the amount of KRW 1,279,245 (=4,264,150 x 0.3) equivalent to the ratio of negligence of the Defendant out of KRW 4,264,150 due to the instant accident (=4,264,150 x 0.3). Accordingly, the Defendant, on June 6, 2012, which is the date following the final payment date of compensation, claims against B as to whether the Defendant is liable to compensate for damages.