1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to a motor vehicle A (hereinafter “Plaintiff”) by setting the insurance period from November 6, 2013 to November 6, 2014.

B. The Defendant is an insurer who entered into an automobile insurance contract for physical damage compensation (hereinafter “instant insurance contract”) with Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) within the scope of Hyundai Capital Capital; the registered insured person’s life-sustaining period from October 18, 2014 to January 18, 2015 as stipulated in Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “the Automobile Accident Compensation Act”); and KRW 10 million per accident.

The contents of the instant insurance contract are as follows.

Article 1(Definition of Terms) of Part I and Article 1 of the Composition of Automobile Insurance Act (Definition of Terms): The insured shall mean a person entitled to claim compensation from an insurance company, who falls under any of the following, and the specific scope of the insured shall be in accordance with the issue of each guarantee.

A registered insured person: The insured person designated by the policyholder from among the persons who own, use, and manage the insured motor vehicle shall be the insured specified in the name insured column of the insurance policy.

(c) the Insured is the person who uses or manages the insured motor vehicle with the consent of the Insured.

(e) An insured driver: He/she refers to a person who is operating an insured motor vehicle (including a driver) for another insured person (such person as the named insured, relative insured, consent insured, and user insured);

In Part II Automobile Insurance Section I, Section 1, Section 3 (Compensation for Damages) of the Liability to Compensate in Part II Automobile Insurance, an insurance company shall cause the insured to die or injury to another person due to the operation of the insured automobile.