A. On March 7, 2012, Defendant A entered into a comprehensive motor vehicle insurance contract (hereinafter “instant insurance contract”) with respect to a motor vehicle owned by the Plaintiff during the period from February 10, 2012 to February 10, 2013 with respect to the Plaintiff, which is one’s own possession. The agreement was included that the insured would be entitled to receive insurance amount of KRW 200 million in the event of an accident caused by a motor vehicle not subscribed to the motor vehicle liability II or the mutual aid agreement (hereinafter “unregistered motor vehicle”).

B. D On March 7, 2012, while driving an E-wheeled Vehicle on March 7, 2012, and inflicted an injury upon Defendant A, the E-wheeled Vehicle was a non-insurance vehicle that was subscribed only to the Personal Compensation I (liability Insurance) at the time of the accident.

C. Defendant A filed a claim against the Plaintiff for the payment of insurance proceeds in accordance with the insurance contract’s non-insurance vehicle injury security agreement. The Plaintiff, from May 9, 2012 to June 29, 2012, paid to Defendant A totaling KRW 8,393,540 as insurance proceeds for medical expenses, etc., while Defendant A received KRW 5 million as liability insurance proceeds from Defendant A, a liability insurance company, as liability insurance.

On the other hand, on April 23, 2012, Defendant B prepared a written agreement on behalf of Defendant A (However, the name of Defendant A was entered and affixed a seal by proxy) stating that “Defendant A, the injured party, is paid KRW 5 million from D as consolation money and does not want a criminal punishment.” At that time, Defendant B received KRW 5 million from D.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings]

2. Determination as to the claim against Defendant A

A. According to the evidence No. 7 of the judgment as to the cause of the claim, Article 20 subparag. 4 (e) of the Macar Motor Insurance General Clause, which is the basis for the payment of insurance money under the insurance contract of this case.