1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. On March 23, 2015, D driving a C vehicle (hereinafter “instant vehicle”) around 16:30 on March 23, 2015, and driving three lanes at a speed of about 106 km at a speed of about 106 km in speed among four-lanes near the upper parallel line of the west-gu Seoul metropolitan cycle, Songpa-gu, Seoul. However, the Defendant aboard the instant vehicle was crashed to a road, resulting in severe blood cerebral brain, etc.

Until June 23, 2015, the Plaintiff, the insurer that entered into the instant comprehensive automobile insurance contract, paid insurance proceeds of KRW 28,528,680 as the Defendant’s medical expenses.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 3 through 6, 8, Eul evidence Nos. 1, 4, and 7 (hereinafter referred to as "numbers") and the purport of the whole pleadings as to the plaintiff's assertion 2. The defendant was trying to open a door at the time of the accident and attempted to commit suicide. This constitutes "where a passenger died or was injured due to an intentional act or suicide," which is the reason for exemption under Article 3 (2) proviso of the Guarantee of Automobile Accident Compensation Act, and thus, the plaintiff is not liable to the defendant due to the accident of this case.

Therefore, the defendant is obligated to return the insurance money paid by the plaintiff.

3. Article 3 of the Guarantee of Automobile Accident Compensation Act provides that a person who operates an automobile for his/her own sake shall be liable to compensate for damage caused by the death or injury of another person caused by the operation of the automobile concerned, while subparagraph 2 of the proviso provides that in cases of the death or injury of the passenger, the person shall not be liable only when the death or injury was caused by his/her intentional act or suicide. In cases of the death or injury of the passenger due to an automobile accident, the operator shall not be liable for the death or injury of the passenger unless he/she proves that the death or injury of the passenger was caused by his/her intentional act or suicide.