The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Basic Facts

A. The Plaintiff is an insurer who has concluded a comprehensive driving insurance contract with C Co., Ltd. (hereinafter “C”) which is a proxy driving company (hereinafter “Plaintiff insurance”).

D concluded a proxy driving contract with C as the owner of E vehicle(hereinafter referred to as "accidented vehicle") and the actual user of the accident vehicle as the actual user.

The defendant is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter referred to as the "Defendant insurance contract") with F with respect to the accident vehicle.

B. At around 02:20 on March 21, 2019 according to the above agency driving contract, C’s agent G driven an accident vehicle in the vicinity of Yongsan-gu Seoul Metropolitan Government, and before D completes the summer, D’s commission of the accident vehicle and caused injury, such as salt d’s base, etc.

(hereinafter “instant accident”). The injury suffered D constitutes class 12 of attached Table 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”) (the maximum amount of liability insurance KRW 1,200,000).

C. By July 29, 2019, the Plaintiff paid KRW 1,166,380 in total as damages for D’s injury caused by the instant accident.

Article 3 (Compensation for Damages) (1) of the General Terms and Conditions (Compensation for Damages) An insurance company shall compensate for damages sustained by the insured as a result of the death or injury of another person caused by an insured motor vehicle as stipulated in the Special Terms and Conditions.

Article 1 (Liability for Company's Compensation) (1) of the Special Terms and Conditions for Representative Drivers (hereinafter referred to as the "Company") (hereinafter referred to as the "General Terms and Conditions") of the I Insurance General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") to be compensated by our Company is only the insured's damage caused by the insured's accident of the Insured Motor Vehicle from the time the insured was entrusted with the Insured Motor Vehicle for Agency Driving during the period of insurance to the time it is delivered

② The Company is liable for personal injury among the above damages.