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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On June 7, 2006, the Plaintiff entered into an automobile insurance contract [the contents of security: personal injury I, personal injury II, personal injury (personal body accident), and personal injury] with respect to the vehicle B owned by the Plaintiff (hereinafter “instant vehicle”) with respect to the vehicle (hereinafter “instant vehicle”) during the period from June 7, 2006 to June 7, 2007.
B. The Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Thosung Fire”) concluded an insurance contract with the insured worker E, the insurance period from October 20, 2005 to August 24, 2006, with the period of insurance from October 20 to August 24, 2006 between Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Thosung Fire”) and the substitute driver’s insurance contract (the content of security: personal damage security exceeding the liability insurance amount I, personal damage first, personal injury, personal injury, personal injury, and vehicle damage). The Defendant is a substitute driver employed by E.
C. On June 29, 2006, New Zealand leased the instant vehicle to C (hereinafter “instant lease agreement”), and the instant lease agreement states that “the operation of a third party by a lessee is absolutely prohibited.” The instant vehicle is subscribed to a comprehensive insurance (personal, substitute, and loss) and its own car is not covered by the insurance, and thus, the damage to the party involved in the accident should be borne by the lessee in full.”
Around 00:40 on October 30, 2006, the Defendant, who was entrusted with the substitute driving by C who leased the instant vehicle, was driving the instant vehicle in front of the customs office of Changwon-dong, Changwon.
E. At the same time, at the above place, the victim H (hereinafter “victim”) who had driven the F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’ss