1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a mutual aid agreement with a motor vehicle dealer as an agent driving business operator. The Defendant is a mutual aid business operator who entered into a mutual aid agreement with a AJrenmank Co., Ltd. (hereinafter “AJrenk”). The insurance contract between the Plaintiff and the AB driver is a large liability II, a large liability damage, a personal body accident, and a self-motor vehicle damage, except the large liability I (liability insurance).

B. The lessee of the instant vehicle entered into a lease agreement with the AJrenk for the said vehicle, and prohibited a person other than the driver of the lease agreement during the lease period from driving the vehicle, and included the “motor vehicle rental standard terms and conditions” with the purport of not compensating for any damage caused by an accident during such prohibited act.

C. At around 23:00 on July 23, 2015, C, a proxy driver of the vehicle of this case, driven the vehicle at a request of the lessee of the vehicle of this case for the replacement of the said vehicle from three lanes to four lanes at the 4-lane from the ebbridge city in Young-gu, Suwon-gu, Suwon-si, and led to the replacement of the said vehicle (hereinafter “victimd vehicle”). Accordingly, E, a driver of the damaged vehicle, suffered from the injury of the lux and the tension of the lux and the lux.

(hereinafter “instant accident”). D.

By October 29, 2015, the Plaintiff paid insurance proceeds of KRW 2,946,230 with the medical expenses of E, etc. The maximum amount of insurance proceeds for the injury of E is KRW 800,000 (the maximum amount of insurance proceeds of class 14).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff asserted by the parties, for the third party victim E, the defendant also constitutes the operator of the vehicle involved in the accident in this case, and without any room to apply the defendant's exemption clause to E.