The defendant.

(iii) subparagraph (3). Each entry of subparagraph (3) and the purport of the whole pleading

A. B entered into a contract on August 21, 2015 (hereinafter “instant contract”) on the lease of a vehicle from Nonparty C (hereinafter “instant vehicle”) with Nonparty C C (hereinafter “instant vehicle”).

B. Around 11:00 on August 23, 2015, the Defendant: (a) committed a collision with a bicycle driven by D prior to the failure to secure the safety distance while driving the instant vehicle at the vicinity of the entrance of a monthly bathing beach in the Dong-gu, Seoul Special Metropolitan City; and (b) thereby, the said bicycle was destroyed by the injury of D.

(hereinafter “instant accident”). C.

From June 30, 2015 to June 30, 2016, the Plaintiff paid KRW 4,000,000 insurance money to D as damages for bicycles destroyed by the instant accident.

2. Determination as to the cause of action

A. Under Article 682 of the Commercial Act, subrogation by an insurer under Article 682 of the Commercial Act is a system that acquires the right of a policyholder or the insured against a third party if the damage caused by an insured event is caused by a third party’s act. Thus, in the interpretation of an insurance contract, if a person who caused an insured accident falls under a “insured” rather than a “third party” under the above law, the insurer may not exercise the right of subrogation by an insurer against the insured event (see, e.g., Supreme Court Decision 93Da1770, Jun. 29, 1993). 2), under the general automobile comprehensive insurance clause, an insurance company is liable to compensate the insured for the damage caused by an insured automobile occurred while the insured owns, uses, or manages the insured automobile, and the scope of the insured is described in the insurance policy.