The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance”) with respect to B automobiles owned by the Defendant (hereinafter “Defendant”).

On June 6, 2017, around 06:08, an accident that conflicts with the Defendant’s vehicle and C-car (hereinafter “victim’s vehicle”) (hereinafter “instant accident”) at the intersection prior to the Agricultural Cooperative Jeju-dong Branch, which is linked at Jeju-do. At the time of the instant accident, the Defendant was driving the Defendant’s vehicle without a driver’s license.

On June 9, 2017, the Plaintiff assessed the fault ratio of the damaged vehicle to approximately 30% on the part of the damaged vehicle, and paid approximately KRW 1,807,548 in total, including the cost of repairing the damaged vehicle in the instant accident ( KRW 1,677,548, 130,000), which is about 70% on the part of the damaged vehicle.

The insurance clause of this case provides that when an insurance company pays insurance money due to an accident that occurred while the insured himself/herself is driving without a license, the insured shall pay the insurance company the cost of accident without a license (3 million won for personal compensation under the Guarantee of Automobile Accident Compensation Act, and one million won for personal compensation).

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 3, evidence No. 5, each of Gap's evidence No. 4-1 to 8, each of Gap's evidence No. 4-1 to 8, Article 29 (1) 2 of the Guarantee of Automobile Accident Compensation Act, Article 10 subparagraph 2 of the Enforcement Rule, and the insurance contract of this case, the insured who caused a traffic accident due to a non-licensed driving has a duty to claim compensation to the insurance company within the limit of one million won out of the insurance money paid by the insurance company as a substitute damage. Since the defendant had been without a license at the time of the accident of this case, the defendant is liable to pay the non-licensed driving accident charges to the plaintiff

As to this, the defendant is the state of non-license at the time of the accident.