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The judgment below
Among the defendant Dong Fire & Marine Insurance Co., Ltd., this part of the case is reversed.
Reasons
The grounds of appeal are examined.
1. Plaintiff’s ground of appeal
A. The term “person who operates an automobile for his own sake” under Article 3 of the Guarantee of Automobile Accident Compensation Act means a person who can be deemed to be in the position of a responsible subject to the control of the operation of the automobile in question and to enjoy the benefit therefrom.
Here, the control of operation is not limited to the practical control, but also includes the case where it can be seen that there is a possibility of indirect control or control by social norms.
(See Supreme Court Decision 2010Da4608 Decided March 29, 2012. In cases where a car rental business operator rents a vehicle to a lessee under a car rental agreement, the car rental business operator is required to manage the human resources of the lessee and to manage the vehicle for lease in accordance with the agreement stipulated in the lease agreement as the owner of the car for lease. Therefore, barring any special circumstance to deem that the possibility of management or control of the car for lease is fully lost, the car rental business operator and the lessee should be deemed to exist directly and currently, barring any special circumstance.
(See Supreme Court Decision 91Da3932 delivered on April 12, 1991, and Supreme Court Decision 91Da43701 delivered on March 10, 1992, etc.) B.
The judgment below
According to the reasoning and the record, including the evidence duly admitted, the following facts are revealed.
(1) On November 6, 2010, prior to the lease of the instant accident vehicle, Defendant A used E’s driver’s license on November 6, 2010, and used the same personal information as in the instant case by leasing and using the vehicle from the vehicle rental business operator, and returned the same.
(2) At the time Defendant A leases the instant vehicle from one corporation to one another (hereinafter “one-way development”).