구상금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the vehicle C (hereinafter “accident vehicle”), the owner of the vehicle involved in the accident, and the Defendant B’s children.
B. On September 15, 201, at around 00:50, Defendant B driven an accident vehicle under the influence of alcohol as stipulated in Article 44 of the Road Traffic Act, and led Defendant B to the injury of the victim of the accident who was on board D and the damaged vehicle while driving at a speed of about 30 to 40km at a speed of about 40km at the speed of about 16 to 17 meters in Si speed while driving at a speed of about 30 to 40km along the two-lanes from the direction of radiation distance to the direction of the direction of the vehicle in front of the accident, driving at a speed of 16 to 17 meters in Si speed while driving at a speed of about 30 to 40km.
(hereinafter “instant accident”). C.
Until October 2012, the Plaintiff paid KRW 927,000 to D with medical expenses, agreed fees, etc., KRW 1,033,020, KRW 944,140, and the repair cost of damaged vehicles, etc.
Even when the accident occurred to D, the driver of the damaged vehicle at the time of the accident, there is negligence without any special reason, and the negligence ratio is equivalent to 10%.
E. On October 16, 2012, the Plaintiff returned KRW 95,190,00, equivalent to D’s negligence ratio (10%) out of the insurance proceeds for E’s medical expenses, etc.
F. The Plaintiff’s comprehensive automobile insurance clause provides that “In the event that the Plaintiff gets paid insurance money due to an accident that occurred when the insured driver of an insured motor vehicle under the influence of alcohol or under the explicit and implied approval of the insured, the insured shall immediately pay to the Plaintiff the accident charges of KRW 500,000 for the personal injury I and II per accident and the personal injury charges of KRW 2,00,000 for the personal injury compensation of KRW 2,00 per accident.”
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, respectively.