In a case where the operator of Eul enterprise, one of the multiple substitute drivers in cooperative relations with Gap corporation operating a call center with an independent call number, entered into a comprehensive automobile dealing service contract with Eul insurance company as the insured, and the substitute driver under his/her control entered into an automobile dealing service contract with Eul as an automobile dealing service provider; although the substitute driver under his/her cooperative relations with Eul company belongs to Byung enterprise which is another substitute driver under his/her cooperative relations with Eul company, the substitute driver under the above insurance contract is a substitute driver under his/her cooperative relations with Byung company; and the substitute driver under his/her cooperative relations with Byung was assigned with Byung company as an substitute driver under his/her own call number and was entrusted to the customer, the case holding that the insurance company is liable for compensating for the loss caused by the substitute driver under his/her

In a case where Eul company operator, one of the multiple substitute drivers in cooperative relations with Gap company operating a call center with a unique call number, entered into a comprehensive automobile dealing service insurance contract with Eul company as the insured, and the substitute driver under its control entered into an automobile dealing service contract with Eul company as the substitute driver under its control; although Eul company is affiliated with another substitute driver under cooperative relations with Eul company, the substitute driver under the above insurance contract's name stated in the substitute driver's statement is affiliated with Byung company; and the substitute driver's name of the above insurance contract is assigned with a unique call number to the customer through a call center of the corporation operating the call center, and caused a traffic accident while the automobile was entrusted to the customer, the case held that Eul company, the registered driver of the above insurance contract, is reasonable to interpret that the substitute driver's name of the above insurance contract refers to the substitute driver's name of the designated driver's company stated in the substitute driver's statement as the substitute driver's name of the above insurance contract, and as long as interpreted so, Byung company is included in the above insurance contract, and it is liable for the insurance company's loss caused to the above substitute driver's.

Article 665 of the Commercial Act

[Plaintiff-Appellee] Insurance Co., Ltd. (Law Firm Hun-Hun, Attorney Jeong Jong-chul, Counsel for plaintiff-appellee)

Defendant (Attorney Hwang Tae-young et al., Counsel for the defendant-appellant)

April 21, 201

1. The plaintiff's claim is dismissed.

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

On January 9, 2009, around 02:25, it is confirmed that there is no obligation of the plaintiff to pay damages to the defendant with respect to the traffic accident of the defendant's driver's (vehicle number omitted) on the road of Shodong-dong, Busan Metropolitan City.

1. Basic facts

A. The Plaintiff, an insurer engaged in non-life insurance business, etc., concluded a comprehensive insurance contract for automobile dealers (insurance certificate number omitted) and the instant insurance contract (hereinafter “instant insurance contract”), setting the insurance period from April 27, 2008 to April 27, 2009, with the name of “△△△△△△△” as the insured between the Nonparty 2, who operates the △△△△△ Call, and between the Defendant and the substitute driver 2, who is named as the “△△△△△△△△” as the substitute driver under the said insurance contract. The Defendant is the substitute driver described in the specifications of the instant insurance contract under the “△△△△△△

B. On January 9, 2009, the owner of a passenger car (vehicle number omitted) No. 3 (hereinafter referred to as the “instant vehicle”) requested a substitute driver to drive on behalf of the owner on the phone at around 01:53 on January 9, 2009. The above “(number 2 omitted) number” is the proxy driving number of the dlim call, and the dlim call center received the said phone and notified the Defendant that it was assigned to the Defendant as a substitute driver via a personal portable device (PDA).

C. Accordingly, the defendant driving the motor vehicle of this case in the vicinity of the subway station located in the Geumdong-dong, Busan, but around 02:25 on January 9, 2009, the motor vehicle of this case, which was in front of the Busan, was operated in front of the new road in front of the new road in front of the new road in front of the front of the new road in front of the new road in front of the narrow-gu, Chungcheongnamdong-dong, Busan, in violation of the new subparagraph from the open-bridge to the open-hand side of the open-hand road, and caused the left-hand left-hand motor vehicle of the non-party

D. In the above accident, Nonparty 4, who is the driver of the above two-wheeled vehicle, sustained injury on the brain, salvine, and salvine salvine, and Nonparty 5 suffered injury on the salvine, salvine, salvine, and salvine salvine, etc. In addition, KRW 1 million at the repair cost of the two-wheeled vehicle, and approximately KRW 2.5 million at the repair cost of the instant vehicle.

E. The content of the special terms and conditions of the proxy driver stipulated in the instant insurance contract is as follows.

1. Liability of the company for compensation;

(1) Liability of the company to compensate for damages under the General Terms and Conditions of the Automobile Handling Business Operator’s Liability to compensate (1) The insured shall be limited to the insured’s damages arising from the insured’s occurrence of the insured’s occurrence of the insured’s operating car to the borrower from the time the insured was entrusted with an insured automobile for the substitute driving during the insurance period (1).

2. The insured;

(2) The insured shall be liable for damages. (2) The insured shall be the following:

(1) A policyholder who is insured on an insurance policy.

(2) A person who drives an insured motor vehicle for a registered insured person and is described in the insurance policy or driver specification.

A person who drives an insured motor vehicle for a named insured under this Special Terms and Conditions, contained in the main text, refers to a person who drives an insured motor vehicle in order to operate an insured motor vehicle as an agent for a named insured person who is requested by a designated driver's agent.

3. Insured automobile:

The insured motor vehicle means a motor vehicle being entrusted and managed by the insured for a registered passenger vehicle, a cargo vehicle of not more than 1.4t, or a motor vehicle for passengers not more than 16 passengers.

[Basis] Facts without dispute, Gap evidence 1-2, Eul evidence 3-1, 2, 3-3, Eul evidence 1-2, Eul evidence 2-3, Eul evidence 2-5, Eul evidence 5-1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that the instant traffic accident was an accident that occurred while operating a motor vehicle in the process of being entrusted with the △△△△△ Call, not the registered insured of the instant insurance contract, but the Defendant’s operation of the said motor vehicle cannot be deemed to have driven an insured motor vehicle for the “△△△△ Call,” which is the registered insured, and that the Defendant cannot be the insured of the said insurance contract, and the said motor vehicle cannot be deemed to be an insured motor vehicle, and thus, the Plaintiff is not liable to pay damages (or insurance money) in relation to the said accident.

B. As to this, the Defendant asserts that the instant insurance contract constitutes an insurance accident since the Defendant, a substitute driver registered in the driver statement under the “△△△△ Call”, caused an accident while carrying out ordinary driving on behalf of his/her affiliated company, and as alleged by the Plaintiff, the instant insurance contract does not necessarily apply only when the customer requested a substitute driving on the “△△△△” call, and the instant accident constitutes an insurance accident since it occurred while the Defendant was carrying on the substitute driving on behalf of his/her affiliated company, and thus, constitutes an insurance accident, the Plaintiff is responsible for compensating the Defendant for the damages incurred by the Defendant in relation to the instant accident

3. Determination

A. Facts of recognition

In full view of the above-mentioned evidence and evidence Nos. 4 and 6-1, 2, 5-1, 2, 3, and 6-1, 5-2, 6-2, and Eul's testimony, and the fact-finding results of the fact-finding with respect to the testimony of the 6-2, 2, and 2 other witnesses, the following facts are recognized:

(1) At the time of the instant accident, the Defendant is a substitute driver who belongs to the “○○ Agency Driving” of the operation of Nonparty 1, and the above “○○ Agency Driving (gold)” or “△△△△△△△△” is a substitute driver who is in the relationship between the Defendant and the Defendant, Ycheon-gu Co., Ltd. and the subcontractor.

(2) The vicarious driving between a call center and a call center operator (hereinafter “ call center”) with independent call numbers, such as Ocheon Co., Ltd., and its partner and its partner, and the customer are generally engaged in the substitute driving between them. ① the customer’s call number (i) the call company’s call (number 1 omitted), dlim call (number 2 omitted), and the customer’s call (2) the above company call center shall receive it and directly contact the substitute driver belonging to the partner with the personal portable device, and ③ the substitute driver shall directly contact the customer with the customer and directly contact the substitute driver at the customer’s location, and ④ the process of operating the call center and receiving the commission. The substitute driver shall retain the remainder of the call operating fee (2,00 won) from among the service fees received from the customer test, and the remainder of 500 times (500 won) from the substitute driver’s own income:

(3) On the other hand, proxy drivers enter into a call number sharing contract with one or several call companies. At the time of the instant case, the term “○ agency driving (goldA)” to which the Defendant belongs was in cooperative relationship with Ocheon and Dlimcol Co., Ltd. In addition, Ocheon and Dlimcol also received a commission of substitute driving to his call center, but the commission of substitute driving could not be carried out by proxy driving due to a shortage of substitute driving engineer, etc., if the commission of substitute driving was received to the call center, the substitute driver, who belongs to the partner, transferred a call to the other call company to prevent the cancellation of the commission of substitute driving, so that the substitute driver, who belongs to the subcontractor, can carry out the commission of proxy driving).

(4) Under the instant insurance contract, the policy holder is “non-party 2” and the registered insured is “△△△△△△”, and the driver’s statement includes approximately 500 substitute drivers. Among them, the number of middle △△△△△△△ Call (Operation of Non-party 2) belongs to the substitute driver who is in a cooperative relationship with the Defendant, including “○○ Agency Driving (Operation)” to which the Defendant belongs, and the remainder of the substitute driver is affiliated with the substitute driver who is in a cooperative relationship with the Defendant. As above, the reasons why the driver’s statement was prepared are as follows.

The Defendant entered into an agency driver insurance contract with Samsung Fire and Marine Insurance Co., Ltd., the insured and entered into an agency driver insurance contract with Samsung Fire & Marine Insurance Co., Ltd., on the other hand, as the rate of accident was increased and the insurance premium was increased, it was impossible to enter into an agency driver insurance contract with the named insured. Meanwhile, the insurer demanded a minimum number of employees for the scale of the substitute driver insurance contract with the insured. On the other hand, the substitute driver company in the relationship with Ocheoncheon-si requested the named insured to enter into each insurance contract with the named insured by dividing it into “△△△△△△ Call” and the △△△△△△△△ Call in order to be subject to favorable conditions such as compensation and insurance premium, and registered the substitute driver as the substitute driver belonging to the △△△△△△△△△△” in the driver statement at the time of the insurance contract. The Defendant was also registered as the substitute driver at the time of the

(5) The insurance premium under the instant insurance contract is calculated by the number of substitute drivers listed in the driver statement, and the substitute driver listed in the driver statement bears the total amount of the insurance premium, and the Defendant also has paid KRW 62,000 per month to “○○ Agency Driving” as the insurance premium under the said insurance contract.

(6) After the instant accident, the representative Nonparty 6, who solicited the instant insurance contract, requested the Plaintiff to deal with the insurance accident on the ground that there was a secondary sharing between Orcheon-gu and Orelim Pream Co., Ltd., and the Plaintiff paid the insurance money in the same case. On the other hand, Dong Fire & Marine Co., Ltd., which is another insurer, has paid the insurance money if the policyholder had a joint call at the time of the purchase in the same case.

B. Determination

(1) Of the insurance contract of this case, the representative driver's special terms and conditions stipulate the insured as "the driver of an insured motor vehicle for the insured" as "the driver listed in the insurance policy or driver's statement" and include the substitute driver in the insured. The term "the person who drives an insured motor vehicle for the insured" in the term "the person who drives an insured motor vehicle for the insured" in the term "the person who drives an insured motor vehicle for the insured" refers to the person who drives an insured motor vehicle to carry on the proxy driving business of the registered insured as a party who is requested by the substitute driver's agent for the designated driver". The insured motor vehicle is defined as "the insured motor vehicle for the passengers, the cargo of 1.4t or less, or the passenger capacity of 16 passengers or less, which is under the management of the designated driver's name as "△△△△△ Factory", and the defendant is registered in the driver's statement as "△△△△△ Port", but in fact, the defendant received the accident of the designated driver's substitute driver's license of this case from the designated driver's office.

(2) As to this, the Plaintiff asserted that, on the premise that the “△△△△△ Headquarters,” the registered insured of the instant insurance contract, actually refers to the “△△△△△ Headquarters,” the Defendant asserted that the case where the Defendant becomes the insured of the said insurance contract, is limited to the case where the customer commissions to drive on behalf of him using the call number (number 1 omitted) of Ycheon Call Co., Ltd., and the Defendant asserts that the “△△△△△△△△△△△△△△△△” refers to the actual driving company to which the Defendant belongs, and thus, the Defendant may become the insured of the instant insurance contract, regardless of whether the call company was the Defendant’s substitute driving company,

(3) In the case where the insurance contract of this case was concluded with the above agency driver's license insurance company, and it was concluded in order to compensate the damages of the agency driver's license when the agency driver's license insurance contract of this case was executed with the above agency driver's license insurance contract of this case. The insurance contract of this case is calculated by the number of the agent driver's license insurance contract of this case. The agent driver's license insurance contract of this case is paid in full to the agency driver's license insurance contract of this case. ② The agent driver's license insurance contract of this case is less than 10 and the remaining articles including the defendant belong to the agency driver's license insurance contract of this case which are different from the above agency driver's license insurance contract of this case. It is difficult for the agent driver's license insurance company of this case to use the above agency driver's license insurance contract of this case.

(4) If so, the instant accident occurred while the Defendant operated the instant motor vehicle entrusted by the Defendant to the customer Nonparty 3 through the call center of the dlimcck Co., Ltd., which is in a cooperative relationship with the above ○○ Agency Driving (A). The Defendant is a person who operated the instant motor vehicle entrusted by the said company for “○○ Agency Driving (A)” and falls under the insured as provided in the said insurance contract. The said accident occurred during the commission of driving constitutes an insured accident, and the said accident occurred during the commission of driving constitutes an insured accident, and thus, the Plaintiff is liable to compensate the Defendant for the damage suffered by the Defendant, who is the insured (the Plaintiff’s assertion seeking confirmation of the absence of the above obligation on a different premise is without merit).

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Song Jinop

1) Ordinary driving means a series of processes in which a person who requests a vicarious driving requests a business operator who is normally registered as a business operator and is engaged in a vicarious driving business, and the vicarious driving business operator requests a person who is employed by him (the person stated in the insurance policy or particulars of driver) to drive a vehicle entrusted to him and delivers the vehicle to the place requested by the client (as referred to in subparagraph 2).

2) It is a business entity that has entered into a contract to share call numbers with an independent call number, such as Orcheon, Inc. or Oracheon, and a call center. In addition to “△△△△△△△△△△” and “○○ agency driving (goldA)”, there were 40 or more substitute drivers for Oracheon, Inc.

3) During the above process, call companies play the role of mediating a substitute driver and a substitute driver through call centers; the cooperative driver plays the role of recruiting, educating, and managing the substitute driver; and the substitute driver plays the role of driving on behalf of the customer and receiving the operating fee by being directly entrusted by the customer.

Note 4) Of the total call, approximately approximately 20 to 30% is reached.

Note 5) It is called secondary co-ownership or co-connection.

According to the above part of the "△△△△△△ Charter", the reason is that a substitute driver belonging to a substitute driving company, other than the "△△△△△△ Charter" recorded in the driver statement of the insurance contract of this case, could not become the insured of the above insurance contract in any case. In other words, the "△△△△△ Charter" does not have an independent call number and the customer cannot request a substitute driving to the "△△△△△△△ Charter". Thus, there is little difference in the case where the "△△△△ Charter" is requested to be a substitute driving. In addition, even if the customer requests the substitute driving of the "△△△△ Bureau", if the substitute driving company, other than the "△△△△ Charter", operates the substitute driving company, the call operating expenses, etc. belong to the substitute driving company of this case, and since the substitute driving company belongs to the "△△△△△△△△△△△", it cannot be viewed that the above substitute driving company's substitute driving engineer's insurance contract of this case was not applied to the above 000th insurance contract.

Note 7) The substitute driver shall pay the prescribed dispatch fee to his substitute driver with respect to the substitute driving regardless of the call company.

8) According to the above agency driving process, a call company does not pass through a collaborative company, but notifies a substitute driver belonging to the collaborative company to be assigned as a substitute driver using a personal portable device, and since a substitute driver is entrusted with a motor vehicle by a substitute driver, if the substitute driver was entrusted with a motor vehicle from a customer due to the above process, the motor vehicle constitutes a motor vehicle being entrusted and managed by a substitute driver belonging to the substitute driver.