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 an automobile comprehensive insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”), the owner of the vehicle C (hereinafter “accident”), with respect to the vehicle involved in the accident, and the Defendant A is the driver of the vehicle involved in the accident at the time of the following accident.
B. On November 10, 2014, Defendant A, while under the influence of alcohol, driven a vehicle involved in an accident at around 07:50 on November 10, 201, driven the three-lanes of the four-lanes of the 195 ahead of the 195 ahead of the Songpa-gu, Songpa-gu Seoul Metropolitan Government into the air basin, and was negligent in performing the duty of the front direction while changing the vehicle to four-lanes, Defendant A caused the front direction of the D vehicle driven in the same direction in the same direction on the right side of the vehicle involved in the accident.
C. By May 19, 2015, the Plaintiff paid KRW 3,032,120 as medical expenses for drivers of victimized vehicles E, and KRW 536,00 as repair expenses for damaged vehicles, respectively.
Among the terms and conditions of comprehensive automobile insurance between the Plaintiff and the Defendant Company, the relevant provisions of this case are as follows.
Article 11(1)(Charges on Driving Motor Vehicles or Unlicensed Driving) (1) In the event that an insurance company pays insurance proceeds from personal injury I, personal injury II or personal injury compensation due to an accident occurred while a driver of an insured motor vehicle drives Motor Vehicle under drinking alcohol or Unlicensed Driving, or under implied approval, the insured shall pay the following accident charges to the insurance company:
1. Accident Charges for Drinking Driving: The personal damage I and II for each accident shall be KRW 2 million, and the personal damage shall be KRW 500,000,000 for each accident.
Provided, That where the insured fails to pay the accident charges due to economic reasons, etc., the insurance company shall do so.