1. Upon receiving the Plaintiff’s claim added at the trial, the Defendant, as well as KRW 496,870, and its related thereto, on July 19, 2014.

This decision is an additional judgment rendered by the Seoul Southern District Court 2015Na57596 Decided December 24, 2015.

1. Comprehensively taking account of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 6, the defendant driving the automobile B, which is a motor vehicle for the lending business on June 18, 2014 (hereinafter "the instant motor vehicle"), for business purpose, and conflicts with the back part of the D motor vehicle C by negligence. Accordingly, the plaintiff, which was the insurer who entered into the comprehensive insurance contract for the instant motor vehicle, paid 1,296,870 won as agreed money to Eul on June 20, 2014. Meanwhile, Article 8 of the insurance clauses of the plaintiff's business motor vehicle insurance does not provide compensation for the "where the insured motor vehicle is a motor vehicle for the lending business purpose, the damage caused by the accident caused by the lessee's use of the insured motor vehicle for profit-making purpose" as to the "liability No. 2 and the liability for the substitute.

It is recognized that "the plaintiff is not liable for damages of 496,870 won, excluding KRW 800,000,000 for liability insurance proceeds pursuant to the above exemption clause, even though the plaintiff is not liable for damages of 496,870 won (one thousand won,296,870 won - 80,000 won). However, the plaintiff suffered damages equivalent to the above amount by paying it to the victim C of the above accident, and the defendant gains profits that are exempted from the liability for damages equivalent to the above insurance proceeds, and therefore the defendant is liable for paying 496,870 won to the plaintiff due

2. If so, according to the Plaintiff’s claim added at the trial, the Defendant is obligated to pay to the Plaintiff 496,870 won and damages for delay calculated by the rate of 5% per annum under the Civil Act from July 19, 2014 to May 26, 2015, the delivery date of a copy of the complaint in this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the Defendant may accept the Plaintiff’s claim added at the trial.