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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant concluded an individual automobile insurance contract with the Plaintiff and the insured’s spouse B, the insurance period from June 7, 2013 to June 7, 2014, with the insured vehicle C (hereinafter “instant insurance contract”).
B. On July 15, 2013, the Defendant, while driving a D vehicle on July 21, 2013 (hereinafter “instant vehicle”), suffered injury by shocking the central separation zone while driving in the vicinity of the D vehicle located in the Cheongwon-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.
(hereinafter referred to as “instant accident”). C.
In the insurance contract of this case, the "other automobile driving security special agreement" provides for the following:
Article 2 (Compensation for Loss) (1) If the spouse of the named insured or the named insured suffers loss due to an accident that occurs in the course of driving another motor vehicle, the company shall consider the other motor vehicle as the insured motor vehicle under the ordinary terms and conditions, the substitute and the substitute and the physical accident, the self-accident and the special terms and conditions, and shall read the other motor vehicle as the insured motor vehicle.
Article 3 (Non-Compensation for Loss) In addition to the matters prescribed in the ordinary terms and conditions, the Company shall not compensate for the following damages:
5. Damage caused by an accident in which the insured has driven another motor vehicle without obtaining the consent of a person who has a legitimate right to the use of another motor vehicle;
D. The Plaintiff paid KRW 25,298,930 in total to the Defendant for medical expenses, etc. in accordance with the “Special Agreement on other Motor Vehicle Driving Security.”
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 15, Eul evidence 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion that the defendant caused the accident during the operation of the vehicle of this case to the person who has the legitimate right of the vehicle of this case without the consent of the Franz. The damage caused by the accident of this case is stipulated in the above terms and conditions.