1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On September 26, 2017, the Defendant concluded a comprehensive motor vehicle insurance contract with respect to domestic motor vehicles C (hereinafter “instant motor vehicles”) owned by B with the insurance period of one year from the date of the contract.

The comprehensive automobile insurance contract includes the special agreement on the security for self-vehicle damage and the special agreement on the family affairs (excluding siblings).

The plaintiff is a fraudulent act in B.

[Ground of recognition] On February 13, 2018, the Plaintiff’s assertion that there was no dispute was a single accident where the road facilities are shocked while driving the instant vehicle owned by the mother of the Plaintiff on February 13, 2018.

As a family member of B, the Plaintiff has a direct claim for insurance money according to the special terms and conditions set forth in the said comprehensive automobile insurance contract.

The defendant is liable to pay the plaintiff the repair cost of KRW 6,260,280, the loan cost of KRW 4,845,00, the operating loss of the business due to the cooperation, the solatium of KRW 12,00,00, the solatium of KRW 3,00,000, the sum of KRW 26,105,280.

Judgment

According to the statement of evidence No. 2, Article 22 of the insurance clause of this case provides that "the insured shall claim for compensation from his own vehicle damage, and the insured shall be a person who is entitled to claim compensation from the insurance company and shall be a registered insured as stated in the insurance policy."

However, as seen earlier, the insured of the instant insurance contract is the owner B of the said automobile, and it is apparent that the Plaintiff is not the insured, and there is no evidence to acknowledge that the Plaintiff is the right holder to claim insurance proceeds.

Article 1 of the "Special Terms and Conditions on Scope of Drivers" cited by the Plaintiff as the ground for the occurrence of his/her insurance claim.

The provisions of the above terms and conditions stipulate that "I will compensate the insured as prescribed by this special terms and conditions in a case where the insured is limited to the person who is to drive the automobile as stated in the insurance policy to the insured and his family members."