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. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to the A T-gu motor vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid contractor who has entered into a mutual aid agreement with Jenek Co., Ltd. (hereinafter “Jenek”) as the beneficiary with respect to the B K5 motor vehicles (hereinafter “Defendant vehicle”).

B. Around 12:00 on April 8, 2016, the driver of the Plaintiff’s vehicle proceeded with a road in front of the company bank, Young-gu, Young-gu, Young-gu, Young-si, an enterprise bank, and was making a stop due to the vehicle’s body. The Defendant’s vehicle driven by Mad C (Nam, February 1, 1997), which was moving back from the parking lot, was shocked on the left side of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On January 17, 2017, the Plaintiff paid KRW 1,677,500 to the insured of the Plaintiff’s vehicle for repair costs due to the instant accident. D.

E From October 29, 2015 to June 17, 2016, E leased the Defendant vehicle with the lease period of KRW 300,00,000, and the lease fee of KRW 850,000. The part of “insurance and special contract” in the vehicle lease contract stating that “this vehicle is covered by a comprehensive insurance (personal-free, property-one accident, KRW 5 million per 5,000,000 per son-1, and 1.5 million per son-1,500,000),” and that the vehicle repair cost, stop fee, and market price difference is the customer liability when the vehicle is not covered by the vehicle damage indemnity insurance (i.e., the vehicle), and that the vehicle is not covered by the vehicle damage indemnity (i.e., the vehicle), the vehicle's gross negligence and the third party driver's license, such as the drinking driving, the driver's length of the vessel, etc., can not receive insurance and compensation.”

E. In entering into a mutual aid agreement with Jenekas as a registered beneficiary, the Defendant stated “the age limit of 21 years or older” in the special terms and conditions, and the relevant provisions of the Defendant’s special terms and conditions are as follows.

Section 1 of Part II driver's age limit in the Special Terms and Conditions for Automobile Mutual Aid Article 1 (Contents 1) of the Special Terms and Conditions for Limited Driving that is over 21 years of age.