구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with a more nuclear rental car (hereinafter “instant vehicle”) with respect to the named insured vehicle B (hereinafter “instant vehicle”) (hereinafter “instant mutual aid agreement”).
B. C (hereinafter “ lessee of this case”) entered into a lease agreement with a more nuclear rentalcar regarding the instant vehicle (hereinafter “instant lease agreement”) between June 10, 2014 and June 9, 2018 (hereinafter “instant lease agreement”).
C. On January 13, 2017, the Defendant, a proxy driver, driven the instant vehicle upon the instant lessee’s commission of driving on behalf of the Plaintiff. Around January 23, 2017, while driving the road located in Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, inflicted injury on D by shocking pedestrian D crossing the road.
(hereinafter “instant accident”). D.
By April 19, 2017, the Plaintiff paid KRW 1.2 million for medical expenses incurred from the instant accident as insurance proceeds.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's negligence caused the accident of this case to be caused by the plaintiff's assertion, and the defendant is not the insured of the mutual aid contract of this case but the third party under Article 682 (1) of the Commercial Act. The defendant shall pay the plaintiff the insurance money paid by the plaintiff and the damages for delay.
B. Under the general terms and conditions of automobile comprehensive insurance, an insurance company is obliged to be liable to compensate the insured for damage caused by an accident of an insured motor vehicle occurring during the possession, use, and management of the insured motor vehicle, and the scope of the insured is: ① “registered insured” as stated in the insurance policy; ② “relative insured” as a relative of the insured, and ③ registered insured.