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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. The Plaintiff is an insurer who has entered into a comprehensive insurance contract with a motor vehicle dealer (the application of the special terms and conditions of the motor vehicle dealer; hereinafter “instant insurance contract”) with the following terms and conditions as the registered insured with the term “A” engaging in the proxy driving business as the registered insured:
The plaintiff shall compensate the insured motor vehicle for the loss caused by an accident during the operation of the insured motor vehicle from the time the insured motor vehicle was entrusted to a borrower or a client for a vicarious driving during the insurance period to the time it is transferred to the borrower or the client through the ordinary vicarious driving process.
In the case of personal compensation, if there is an amount paid by the Plaintiff as liability insurance or liability mutual aid (hereinafter referred to as “liability insurance”) under the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the “Act”), the Plaintiff shall compensate for the excess amount.
B. The Defendant is the insurer who entered into a comprehensive automobile insurance contract (hereinafter “the instant automobile insurance contract”) with B as the named insured with B, and in the case of the instant automobile insurance contract and the personal compensation I (hereinafter “liability insurance”) as well as the relative insured (the person who uses or manages the insured vehicle as a relative to live or live together with the named insured) as one of the insured, while the exemption clause with the effect that the insured’s parent, spouse and child are not compensated if they die or are injured (hereinafter “family exemption clause”) is limited to Class II, and the liability insurance is not entered into.
C. As an agent affiliated with A, D, the insured of the instant handling business operator’s insurance contract, is the owner of the Defendant’s vehicle, who is the husband of B, and is entrusted with the Defendant’s vehicle’s substitute driving by E, which is the owner of the Defendant’s vehicle, and is the authenticity of Pyeongtaek-si around 19:00.