Of the judgment of the first instance, the part against the plaintiff as to the amount ordered to be paid below.

1. Facts of recognition;

A. The Defendant is a limited-liability company established for the purpose of cryp cryp retail business, etc.

B. On July 10, 2018, E entered into a siren agreement (hereinafter “instant siren agreement”) between the Defendant and the Defendant with respect to the unregistered two-wheeled vehicle (the name of the vehicle: YF-R6, the chassis number: F; hereinafter “the instant two-wheeled vehicle”), between July 10, 2018 and July 10, 2018.

C. At around 10:50 on July 10, 2018, E driven the instant instant two-wheeled vehicle, and proceeded with the3-distance road of the Nakdongwon Park Sim-si, Kimhae-si, as Kimhae-si, from the Jinhae-si to the schill road at the Jinhae-si, and saw the back of the instant two-wheeled vehicle in the atmosphere of signal.

(hereinafter “instant accident”). D.

G died due to the instant accident, E and the instant accident.

(hereinafter referred to as “the network E”). E.

On September 27, 2018, the Plaintiff paid KRW 40,130,000,000 as insurance money to the deceased G (I) on September 27, 2018, based on the non-life insurance coverage based on an automobile insurance contract concluded with H, the mother of the deceased G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 9 (including provisional number), the purport of the whole pleadings

2. Determination

A. The term “person who operates an automobile for his own sake” under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “automobile Accident Compensation Act”) means a person who is in a position as a responsible subject to the control of the operation of the automobile in question and to enjoy the benefit therefrom.

Here, the control of operation is not limited to the practical control, but also includes the case where it can be seen that there is a possibility of indirect control or control by social norms.

(see, e.g., Supreme Court Decision 2010Da4608, Mar. 29, 2012). Moreover, a car rental business operator leases a vehicle to a lessee under a car rental agreement.