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. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with C with respect to D vehicles (hereinafter “Plaintiff insured vehicles”). The Defendant is an insurance company that entered into a comprehensive automobile insurance contract with E Co., Ltd. (hereinafter “E”), with respect to F vehicles (hereinafter “Defendant insured vehicles”).

B. On February 21, 2017, around 16:20, the Plaintiff’s insured vehicle was stopped on the back-road located in 316, Gyeyang-gu, Incheon, Gyeyang-gu, Incheon. However, while G was under the influence of alcohol content 0.135%, G neglected the Defendant’s insured vehicle’s duty of care for transfer and neglecting to do so, resulting in an accident that collisions on the left-hand side of the Plaintiff’s insured vehicle (hereinafter “instant accident”), and the Plaintiff paid KRW 3,493,00 at the repair cost of the Plaintiff’s insured vehicle.

[Ground of Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 5 and 8 (including virtual numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant accident occurred due to G’s total negligence. G is a person using or managing an insured vehicle with the direct consent from E, the registered insured under the car lease contract, and is the consent insured, and E implicitly consented to G’s driving even after the lease period. Accordingly, in accordance with Article 682 of the Commercial Act, G seek payment of repair costs of KRW 3,493,00 against the Defendant, the automobile insurer, and damages for delay. 2) Even if G is not the registered insured, E, the registered insured, provided the cause of the instant accident by significantly neglecting its duty of care to manage the Defendant’s insured vehicle, such as active recovery of vehicles, etc., and thus, E is liable to compensate the Plaintiff for damages under Article 750 of the Civil Act, and accordingly, it is claimed against the Defendant, the automobile insurer.

B. The defendant's assertion 1 of this case.