구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant with respect to the C Vehicle (hereinafter “Defendant Vehicle”).
Around 19:20 on August 4, 2017, the Defendant avoided a traffic accident (hereinafter referred to as “instant accident”) that shocks the part of the front of the Eststuna car (hereinafter referred to as “victim”) owned by D, which was stopped later, from a public parking lot located in front of the G Gondodo-ri, where the Defendant was driven under the influence of alcohol at the time of 19:20 on August 4, 2017, and the Defendant avoided the demand of a police officer to take a drinking test without justifiable grounds, such as drinking, drinking, and rhetoring the Defendant from G by the police box of the Saun Police Station, which was dispatched after receiving the report. The Defendant did not comply with the demand of a police officer to take a drinking test without justifiable grounds.
The defendant was sentenced to the dismissal of a fine of KRW 7 million at the Changwon District Court on November 29, 2018 due to the violation of the Road Traffic Act (refluence of the measurement). D.
In the instant accident, the damaged vehicle was destroyed, and the Plaintiff paid insurance proceeds of KRW 2,659,540 on November 29, 2017 with respect to the personal and material damage on the part of the damaged vehicle. Article 11 (Charges on Accident Related to Drinking or Unlicensed Driving) ① In the event that an insurance company pays insurance proceeds from personal or material compensation for an accident occurred while a driver of an insured vehicle under the explicit or implied approval of the insured or the insured under the influence of drinking or unlicensed driving, the insured shall pay the following accident charges to the insurance company:
1. The cost of an accident involving drunk driving: The personal injury I and II per accident shall be KRW 3 million.