1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with the registered insured for the vehicle B (hereinafter referred to as “instant vehicle”) which is a rental motor vehicle with the Yongbalty car Co., Ltd. (hereinafter referred to as “Udual car”).

C. D Co., Ltd. (hereinafter referred to as the “Lessee”) entered into a lease agreement on the instant vehicle (hereinafter referred to as the “instant lease agreement”) with the Yongbalke car, stating that the terms and conditions of the said lease agreement prohibit any person other than the driver under the lease agreement from driving during the lease period and not compensate for any damage caused by an accident during such prohibited acts.

On August 7, 2015, the Defendant, who is a substitute driver, was driving the instant vehicle on commission of driving on behalf of at least 21:40, and was driving the instant vehicle at the vicinity of the shooting distance in front of the Do Elementary School at Jeju-ro 129, Jeju-do, and was driving the instant vehicle, and caused injury to the driver of the victimized vehicle and the same passenger (hereinafter referred to as “victim”) by shocking the E-vehicle (hereinafter referred to as “victim”) in front of the shooting distance in front of the Do Elementary School at Jeju-ro, 129.

(hereinafter “instant accident”). By December 31, 2015, the Plaintiff paid the victims of the instant accident totaling KRW 1,574,710, including medical expenses and consolation money, as insurance money.

[Based on the fact that there is no dispute, the entry of Gap evidence No. 1 to 5, and the general automobile comprehensive insurance terms and conditions which determine the purport of the whole pleadings require the insured to be liable for compensation for the damage caused by the insured's accident of the insured motor vehicle during the possession, use, and management of the insured motor vehicle, and the scope of the insured is subject to the consent of the insured, such as ① the "registered insured" as stated in the insurance policy, ② the relatives of the registered insured, ③ the insured's consent.