1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 2012, the Plaintiff (Insurer) entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to Non-Party Cheongrenk Co., Ltd. (the registered insured; hereinafter referred to as “non-party company”) and B carn vehicles (the insured vehicle; hereinafter referred to as “instant vehicle”) with the insurance period from April 21, 2012 to April 21, 2013; and the details of the security include large-sized I, large-sized II, large-sized, and large-sized vehicles; and the automobile insurance contract with a special agreement for limited driving (hereinafter referred to as “instant insurance contract”).

B. C (Defendant’s wife) around April 2012 leased the instant vehicle from Nonparty Company for one year.

C. On February 12, 2013, at around 13:35, the Defendant: (a) while driving the instant vehicle and entering the parking lot near the Jin Chang-dong Library at Guro-si, the Defendant damaged the blocking devices with the said vehicle by taking the five vehicles parked normally in the parking zone (D, E, F, G, and H) and the blocking devices.

(hereinafter “instant accident”). D.

On the other hand, the Plaintiff, the insurer of the instant vehicle, paid the total amount of KRW 9,430,230 to the victims of the instant accident.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 2 (including virtual number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendant is not the insured of the instant vehicle, and thus, is responsible for compensating the Defendant for damages arising from the instant accident. While claiming the payment of damages equivalent to the amount of the insurance money already paid on behalf of the Defendant in subrogation of the non-party company pursuant to Article 682 of the Commercial Act, the Defendant asserts that he/she is the insured of the instant vehicle.

B. Under the general terms and conditions of automobile comprehensive insurance, an insurance company shall 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 shall be set out in the insurance policy.