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

Purport of claim and appeal

1..

가. 원고는 C과 사이에 D 뉴그레이스투어판넬밴 차량에 관하여 자동차종합보험계약을 체결하면서, 피보험자가 무보험자동차(책임보험금을 초과한 부분을 보상하지 아니한 경우를 포함)에 의하여 다친 경우 그 손해액이 책임보험으로 지급되는 금액을 초과할 때 그 초과액에 대하여 2억 원을 한도로 보험금을 지급하되, 원고가 보험금을 지급하면 그 지급한 보험금 한도 내에서 피보험자가 배상의무자에 대하여 가지는 손해배상채권을 대위취득하기로 하는 내용의 특약(이하 ‘무보험자동차 상해담보특약’이라 한다)을 하였다.

B. B is the owner of E-E-Wurn Transporting Vehicle (hereinafter “instant Maritime Vehicle”) and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with B as the registered insured with respect to the instant Maritime Vehicle B. The above contract includes a provision stating that “The part exceeding the liability insurance amount out of the damages arising from an accident occurred when the insured was driving without a license or when the driver of the insured motor vehicle was driving without a license under the explicit and implied approval of the registered insured (the so-called “the so-called “the so-called Personal Compensation II”) is exempted.”

(hereinafter referred to as the "Terms and Conditions of Exemption from Driver's License").

A, on October 6, 2012, at around 04:47, 2012, while driving the instant temporary sea vehicle without a driver’s license at a level of 0.144% alcohol content, A, who is a son of B, was faced with C, walking the opposite lane on the opposite lane, following the shock of C, which requires the treatment of 11 week in the G oil station located in the Daejeon-gu, Daejeon, and caused C to suffer injury, such as the high wave of 11 week, cage of dypusus cryus, etc.

(hereinafter “instant accident”). D.

Samsung Fire and Marine Insurance Co., Ltd., which has entered into a comprehensive automobile insurance contract with H vehicles with no insurance coverage.