1. The parties' assertion

A. On June 1, 2012, around 01:00, the Plaintiff: (a) parked in the first floor parking lot of the C-building located in Busan Shipping Daegu, Busan; (b) caused the collision of automobiles parked by the Defendant; (c) however, the Defendant is merely a nominal lessee, who is not a registered owner of the damaged automobile; and (d) caused the said accident in collusion with the Defendant, not a creditor, but also caused the said accident; (d) thus, the Plaintiff constitutes the reason for exemption, and thus, the Defendant is not liable to pay the insurance proceeds in relation to the said accident.

B. The Defendant: (a) paid KRW 20 million to E on January 2012; (b) purchased the damaged motor vehicle, which is the leased motor vehicle, and (c) paid KRW 3.1.6 million each month thereafter; and (d) concluded an insurance contract on the damaged motor vehicle, and thus, is a de facto owner who operated the damaged motor vehicle and did not make a transfer registration only while operating the damaged motor vehicle; (b) thus, the instant accident was a traffic accident caused by the negligence of D; (c) the Plaintiff, the insurance company, is obligated to pay the Defendant the damage amounting to KRW 113,543,720 (i.e., KRW 33,543,720 (= KRW 80,000), which is the Defendant’s damage amount due to the instant accident, and the delay damages therefrom.

2. Facts of recognition;

A. 1) The Plaintiff is the F and GMW Motor Vehicle (hereinafter “ASS”)

2) On June 1, 2012, F’s husband D, around 01:00, parked a vehicle in the first floor parking lot located underground in Busan Shipping Daegu, Busan, and the Defendant began with the part of the driver’s seat in front of the driver’s seat (hereinafter “victim’s vehicle”) which the Defendant had already parked, and caused an accident (hereinafter “instant accident”) that leads to shocking between the front and rear part of the driver’s seat and the rear part.

D. . ...