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1. Of the judgment of the first instance court, KRW 5,78,53 against the Plaintiff and its related thereto, from February 16, 2012 to September 11, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a business liability insurance contract with A to compensate for losses incurred by a physical handicap of others or by bearing legal liability by causing damage to another person’s property due to a sudden accident that occurred in the parking lot attached to a restaurant located in Jung-gu, Seoul, and the use of the facility. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with C with respect to D vehicles owned by it (hereinafter “instant vehicles”).
B. On November 13, 201, around 15:20 on November 13, 201, an employee of A, who is engaged in parking in the instant restaurant, was faced with the injury of F, such as the instant vehicle’s rear part, which was walked by the rear part of the instant vehicle, by shocking the F, which was driven by F for six weeks to the lower part of the instant vehicle.
(hereinafter referred to as the “instant accident”). C.
On February 16, 2012, the Plaintiff paid 17,500,000 won to F with medical expenses and the agreed amount, and the maximum amount of F’s injury liability insurance for the instant accident is KRW 9,00,000.
The defendant's comprehensive automobile insurance clause provides that the insured shall compensate for the loss caused by the insured's death or injury to another person due to an accident of the insured motor vehicle which occurred during the possession, use, or management of the insured motor vehicle, or the removal or damage of other property, and the scope of the insured shall include a person who uses or manages the insured motor vehicle with the consent of the insured, but shall not include a person who operates the business of dealing with the entrusted motor vehicle such as parking lot business (including his employee, etc.) in the case of personal compensation II or property compensation.
[Reasons for Recognition]