1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with B (hereinafter referred to as “instant vehicle”) with respect to the vehicle B (hereinafter referred to as “instant vehicle”).

B. Nonparty C leased the instant vehicle to move a model for advertising photographing and to transport the photographic material from the date French rental car at the request of the advertising producer (hereinafter “instant accident”). On October 17:50, 2008, Nonparty C, the advertising producer, driving the said vehicle at the request of the advertising producer, resulting in an accident that: (a) the Defendant, who was involved in the advertisement producer, fells the instant vehicle on either side or back the way while driving the Non-Packing road in this document located in the Mancheon-gun, Man-gun, Man-gun (hereinafter “instant accident”).

C. By March 4, 2009, the Plaintiff paid KRW 1,556,240, respectively, with D’s medical expenses and agreed amount of KRW 2,250,720, E’s medical expenses and agreed amount of KRW 1,452,378, and F’s medical expenses and agreed amount of KRW 1,556,240.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1-3, the purport of whole pleading, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion of the cause of the instant claim is that the Defendant, without obtaining the consent of the Plaintiff, who is the registered insured under the Automobile Insurance Clause regarding the instant vehicle, was driving the instant vehicle without permission, and caused the instant accident. As such, the Plaintiff did not finally guarantee the damage of the instant accident caused by the Defendant’s negligence. However, since the Plaintiff paid KRW 5,259,338 as insurance money to the passengers of the instant vehicle, the Defendant is obligated to claim the amount to the Plaintiff.

B. (i) Under the general terms and conditions of motor vehicle comprehensive insurance, an insurance company is liable to compensate for damage caused by an insured motor vehicle accident that occurred while the insured owns, uses, or manages the insured motor vehicle, and the scope of the insured is limited to ① “registered insured” as stated in the insurance policy, ② the relatives of the registered insured.