1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with a substitute driver as the insured, who is a substitute driver, and the Defendant is a mutual aid business operator for siren B (hereinafter “the instant siren”).

B. On November 17, 2015, while a lessee of the instant siren was running on behalf of A, a traffic accident (hereinafter “the instant accident”) corresponding to the vehicle driven by C (hereinafter “victim”) who was driving on the two lanes, changing the lane from three lanes to two lanes from the 17:04:41 on November 17, 2015, in which A was driving on behalf of the instant siren.

C. By December 23, 2015, the Plaintiff paid the victim a total of KRW 557,980 for the damages incurred by the instant accident (i.e., the agreed amount of KRW 500,000 for medical expenses).

Meanwhile, according to the terms and conditions of the insurance contract of the plaintiff's substitute driver, if the substitute driver is subject to liability insurance under the Guarantee of Automobile Accident Compensation Act, only the excess amount should be compensated.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. 1) The parties' assertion 1) The plaintiff's assertion is the defendant's insured, and the plaintiff paid damages to the victim with the intent to handle the defendant's affairs. Thus, the defendant is obligated to pay the expenses for managing affairs to the plaintiff. 2) The defendant's argument does not have the obligation to pay the deductible money to the defendant, and the plaintiff cannot be deemed to have handled the defendant's affairs

B. According to the fact that the Defendant’s duty to pay mutual aid money was recognized, the instant accident occurred while the lessee, who is the receiving insured, borrowed the instant siren from the rental car company, and let A, an acting driver, drive the instant siren. Therefore, the lessee in an external relationship with the third party at the time of the accident.