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 has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant with respect to the C Vehicle (hereinafter “Defendant Vehicle”).

B. On December 11, 2016, at around 18:12, the Defendant: (a) driven the Defendant’s vehicle while under the influence of alcohol with 0.10% of blood alcohol concentration; and (b) contacted with G vehicles owned by F (hereinafter “victimed vehicle”) that stopped on the side while driving the D Apartment E-dong route in the front city at the front city.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, the damaged vehicle was destroyed, and on January 26, 2017, the Plaintiff paid insurance proceeds of KRW 621,830 in total with the repair cost of the damaged vehicle.

Article 11 (Charges for Motor Vehicle Driving or Unlicensed Driving) ① In the event that an insurance company pays insurance proceeds from personal injury liability I or II as a result of an accident occurred while a driver of an insured motor vehicle under the influence of alcohol, driving without a license, or driving without a license under the explicit or implied approval of the insured, the insured shall pay the following accident charges to the insurance company:

1. Expenses for accidents involving drunk driving: The personal compensation of KRW 3 million per accident, the personal compensation of KRW 1 million, and the personal compensation of KRW 1 million. ② The insured shall, without delay, pay to the insurance company the charges for accidents involving drunk driving or unlicensed driving;

However, if the insured failed to pay the accident charges due to economic reasons, etc., the insurance company may pay the victim the damages including the accident charges in preference to the insured and claim this accident charges to the insured.

The terms and conditions of the insurance contract of this case provide for self-charges related to drinking driving as follows.

[former Guarantee of Automobile Accident Compensation Act (amended by Act No. 15118, Nov. 28, 2017)]