구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The fact of recognition is a mutual aid project operator who has entered into a mutual aid agreement with a named insured worker on the vehicle B (hereinafter “instant vehicle”) which is a rental vehicle with a Co., Ltd., Ltd. (hereinafter “Furcing Aircraft”).
C (hereinafter “Lessee”) entered into the instant lease agreement with Hexurk for the instant vehicle (hereinafter “instant lease agreement”), and Article 15 and Article 18 of the said lease agreement prohibit any person other than the driver of the lease agreement or any unauthorized driver from driving the instant vehicle during the lease period, and clearly stated that any damage caused by an accident during such prohibited act is not compensated by the automobile insurance that the company entered into.
On August 10, 2016, the Defendant, who is a substitute driver, caused the injury to the victim by shocking the pedestrian D (hereinafter referred to as "victim") at the crosswalk of the Yyeong-dong, Samnam-dong, Kim Young-dong, Kim Jong-dong, Kim Jong-dong, while driving the instant vehicle at around 22:45 on his/her behalf.
(2) On December 12, 2016, the Plaintiff paid 501,300,000 won to the Plaintiff as agreed upon, and claimed for reimbursement from, the Plaintiff, who entered into a substitute driving insurance contract by the Defendant. The Plaintiff paid 501,300 won to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination:
A. Under the general terms and conditions of automobile comprehensive insurance, an insurance company is obliged to be liable for the insured’s damage caused by an insured automobile accident which occurred during the possession, use, and management of the insured automobile, and the scope of the insured is ① “registered insured” as stated in the insurance policy, ② the relatives of the insured and so on. ③