1. The plaintiff's claim is dismissed.

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

1. The grounds for the claim of this case are as shown in the attached Form, and the defendant asserts that the plaintiff cannot exercise the right of indemnity against the defendant, since the defendant constitutes "insured with acceptance" as stipulated in the insurance contract of this case.

The Plaintiff asserts to the effect that, even if the Defendant is a lessee, the “Plaintiff-vehicle” is not subject to the Guarantee of Automobile Accident Compensation Act, and that the Defendant is not liable for damages as a party to a tort (violation of Occupational Safety and Health Act).

2. Under the legal principles of subrogation, in order for the insurer to exercise the rights of the policyholder or the insured against a third party, the damage occurred from the act of the third party. In this case, the third party shall be a person other than the insured. If the general terms of the automobile insurance include a person who uses or manages the automobile with the consent of the named insured in addition to the named insured, and a person who is driving the automobile for each of the insured (including operation assistants) with the consent of the named insured in addition to the named insured in the general terms of the automobile insurance, if the insured event occurred due to such act of the named insured, the insurer may not acquire the right of subrogation by the legal principles

(See Supreme Court Decision 2000Da3331 delivered on September 29, 2000). A person who leased an insured automobile from a registered insured and used it, along with an insured worker, with an insured worker, with an insured worker, can be deemed as a person who used or managed the insured automobile upon the consent of the registered insured. As such, the insured worker shall be deemed as a person who used or managed the insured automobile upon the consent of the registered insured.

(See Supreme Court Decision 94Da56791 delivered on April 28, 1995). In light of the foregoing, the insurance clause applicable to the instant insurance is to use the insured automobile with the consent of the named insured.