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1. The Defendant’s KRW 2,568,960 as well as 5% per annum from April 5, 2013 to June 9, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. B, C, and D jointly operated a vicarious driving company (hereinafter “E”) with the trade name “E” in Jeju-do, and each of the special terms and conditions for commercial vehicles were applied when concluding a personal automobile comprehensive insurance contract with respect to the two of the foregoing vicarious driving vehicles (12 persons each), while driving the subordinate vicarious driving engineer with the location of a customer vehicle or with the location of a vicarious driving engineer after the completion of vicarious driving (hereinafter “traffic use”).
B. B purchased the FEXE vehicle under its name (hereinafter “instant vehicle”), and then used the vehicle for the purpose of the agency driving advertisement and the traffic of the substitute driving engineer, indicating the phrase “E” and the instant company’s telephone numbers, on the outside of the vehicle. The insurance period between the Defendant and the Defendant was set from February 21, 2013 to February 21, 2014, and did not apply the special terms and conditions of commercial transport when concluding the personal automobile comprehensive insurance contract.
C. Of the substitute drivers belonging to the instant company, the number of persons waiting to drive on their behalf is about 50 to 100 per day, and the substitute drivers pay KRW 1,000 each time they board in return for the use of a vehicle for traffic business in addition to the cost for providing information on substitute driving. The number of times of using a traffic vehicle reaches two to five times a day’s average.
G On April 5, 2013: (a) the instant vehicle as an agent for the instant company, by driving a knife vehicle in the state of full intake around 03:10 on April 5, 2013; and (b) driving from the Jeju District Court to the Jeju District Court, the 8th square square and the intersection in which the Do Do Do Do Do Move Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do