구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is an insurer who has entered into an automobile insurance contract with C with D (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a mutual aid contract with E (hereinafter “E”) which is a vehicle rental business entity and F (hereinafter “Defendant”) with respect to the vehicle (hereinafter “Defendant vehicle”).
G, around 04:41 on May 11, 2017, driving the Defendant’s vehicle, proceeding on the first lane of the two-lane road in the mountain direction of the Yansan Highway. At the point of 218.5km (hereinafter “the point of accident in this case”), G brought about an accident where the left side of the GHHH truck (hereinafter “the instant cargo vehicle”) driven on the two-lanes near the Yan-si-si-si-si (hereinafter “the instant accident”).
On the other hand, at around 04:43 on May 11, 2017, C driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle at one lane on the said expressway. However, at the instant point of accident, C attempted to avoid the Defendant’s vehicle that was parked across one lane and two lanes due to the instant preceding accident at the instant point, and the instant truck was parked on the side (hereinafter “instant accident”). Accordingly, the Plaintiff’s vehicle was parked and the instant truck and the instant road facilities were damaged.
E on May 10, 2017, leased the Defendant vehicle to I, and on its lease contract, stated that “The accident during the operation of a third party except lessee and the second driver is not subject to insurance.”
G as I’s children, did not become a driver under the above vehicle lease agreement, and driving the Defendant vehicle without the driver’s license at the time of the instant accident.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The driver of the Plaintiff vehicle C.