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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendants are the defendants.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except that part of the judgment of the court of first instance is used as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The 5380 letter "5380" in the 2nd page of the first instance judgment shall be written or added to "538".
The fourth 10 pages of the decision of the first instance shall be added to the following:
“In addition, Defendant Samsung Fire is also Defendant Samsung Fire, △2 is the Yeren Cita Co., Ltd., Ltd. (hereinafter “Yeren Cita”).
(B) A vehicle leased from the lessee, not the lessee, B is driving a siren on the lease contract (Prohibition of the operation by a third party other than lessee) and the standard terms and conditions for rental of rental car (the damage caused by an accident without a license or the operation of a rental car by a person other than the lessee).
In relation to the damage caused by an accident, the pertinent accident occurred while driving a △2 vehicle in violation of the insurance company’s compensation, and the instant accident occurred, and the Defendant Samsung Fire asserts that the insurer is not liable as the insurer. Even if the lessee violated the lessee’s loan to a third party, even though the lessee was unable to drive a vehicle to a third party, it cannot be deemed that the direct and present control relationship between the rental operator, the automobile owner, and the lessee, with respect to the operating vehicle existing between the rental operator and the lessee, is interrupted. However, it is reasonable to deem that the rental business operator has exercised indirect and potential control over the operation of the vehicle through the third party (see Supreme Court Decision 91Da3932, Apr. 12, 191; 2006Da3932, Apr. 12, 1991). Thus, even if B, other than the lessee, was driving a △2 vehicle while the driver’s license was revoked, it still constitutes the instant accident.