1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is a mutual-aid association whose members are siren car service providers under the Passenger Transport Service Act, and entered into a mutual-aid agreement with C Co., Ltd. (hereinafter “C”), setting the period of mutual-aid with respect to D vehicles (hereinafter “Plaintiffs”) with a named mutual-aider C, during which the period of mutual-aid was set from March 14, 2015 to March 14, 2016, and the Defendant is an agent operating the Plaintiff’s vehicle at the time of the instant accident as follows.

B. E Co., Ltd. (hereinafter “E”) leased the Plaintiff’s vehicle from C, and the Defendant, upon receiving a request for a substitute driving from E on July 18, 2015, driven the Plaintiff’s vehicle on July 18, 2015, and, at the same time, on the side of the driver’s seat of the Plaintiff’s vehicle driven by F while driving the Plaintiff’s vehicle on the 1-gil-dong, Yangsan-dong, Yangsan-si

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

G Co., Ltd., an insurer of the substitute driving insurance to which the Defendant belongs, paid insurance money to the victim due to the instant accident, and claimed a mutual aid amount equivalent to the liability insurance amount to be borne by the Plaintiff out of the said insurance amount. On May 31, 2017, the Plaintiff paid KRW 800,000 to G Co., Ltd. as damages arising from the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff acquired the beneficiary’s claim for damages against the Defendant by subrogation under Article 682 of the Commercial Act by paying the mutual aid money of KRW 800,000 for the beneficiary of the Plaintiff vehicle.

Therefore, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 800,000 and damages for delay.

B. The agent driver who drives with the consent of the named insured who borrowed sirens under the terms and conditions of the defendant vehicle rental standard is also the insured, and accordingly the receiving insured is the insured.