1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff entered into an automobile insurance contract with the Defendant’s wife as D with respect to the automobiles owned by D, and the said automobile insurance contract includes “the limit of KRW 200 million for non-life insurance (the non-life insurance contract)” and when D and the Defendant, whose spouse is a registered insured person D and the non-life insurance, suffered injury due to an accident caused by the non-life insurance, the Plaintiff is liable to compensate for the damage. Under the terms and conditions, the said non-life insurance contract includes the “automobile in which the death or injury of the insured is not clearly identified.”

B. On June 21, 201, at around 17:10, the Defendant was subject to an accident involving telegraphic poles set up on the right side of the road (hereinafter “instant accident”) while driving a H passenger car on the street in front of G sales outlet located in the “F of Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-gun, and driving it on the front side of the G sales outlet and driving it on the front side of the direction.

다. 이 사건 사고로 인하여 피고는 좌측 원위 경비골 개방성 골절, 좌측 슬개골 골절, 좌측 상완골 경부 골절상 등의 중상을 입고, I병원을 거쳐 J병원으로 후송되어 2011. 6. 22. 위 경비골 골절에 대하여 외고정술 및 원위 비골 관혈적 정복술, 금속판 내고정술을, 2011. 7. 5. 무릎뼈 골절에 대하여 관혈적 정복술 및 내고정술을, 상완골 경부골절에 대하여 관혈적 정복술 및 금속판 내고정술 등을 시행받았다. 라.

On November 12, 2011, the Defendant: (a) received from the head of the police station having investigated the instant accident through D a traffic accident confirmation source stating “an accident that happens due to a collision of utility poles on the right side of the road in order to avoid driving a non-motor vehicle at the same time and place” with regard to the content of the accident; (b) submitted the said traffic accident confirmation source to K Co., Ltd. (hereinafter “K”) around November 16, 201; and (c) filed it from the said insurance company around that time.