Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff, under the trade name of “C”, is an insurer who entered into an insurance contract of each E (hereinafter “instant insurance contract”) with the contractor and the insured D, the insurance period from January 13, 2015 to January 13, 2030, the amount of compensation limit of KRW 10,000,000 per accident, and the deducted amount of KRW 300,000 per accident, and the Defendant is an insurer who entered into an automobile insurance contract with respect to the F vehicle (hereinafter “Defendant vehicle”).

B. The Defendant’s vehicle was delivered to D for maintenance and was left behind the Defendant’s vehicle while the staff G of D had been on July 15, 2016 in order to put the Defendant vehicle into a lifts in the maintenance process of the Defendant vehicle around 12:00.

H suffered from injury, such as brain-dead, fluoral, fluoral bed, luoral bed, sinites, and pelviss, by shocking H with Defendant vehicles (hereinafter “instant accident”).

D As between H on December 3, 2016, D agreed that H pay 5,721,510 won for damages, including medical expenses, to H, and H waive any legal claim against D.

(d)

Based on the insurance contract of this case, the Plaintiff paid KRW 5,421,510, which deducted KRW 300,000 for the aforementioned damages from KRW 5,721,510 until December 20, 2016.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 8, 10, 13, and the purport of the whole pleadings

2. Determination

A. According to the evidence evidence No. 14 of the damage compensation claim Gap, the defendant's automobile insurance clause provides that in the case of the automobile accident No. 14, the automobile insurance clause of the defendant is not deemed the insured and the driver when the automobile dealer uses or manages the insured automobile entrusted in the course of performing his duties. However, in the case of the automobile accident No. 1, the

If so, D is the insured who managed the defendant's vehicle with the consent, G is the insured.