1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the instant vehicle C owned by B (hereinafter “instant vehicle”), and the Defendant is a child of B.

B. On September 30, 2016, the Defendant: (a) while driving the instant vehicle while drinking alcohol around 23:40 on September 30, 2016, went back to and from the 3rd line in front of the Ethical House D, while driving the instant vehicle, and caused a traffic accident that leads to the collision of the F Kaz vehicle and H Ethmp vehicle, which was parked in the three-lane direction of the Defendant’s proceeding.

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

Under the insurance contract of this case, the Plaintiff paid the repair company, sirens company, etc. totaling KRW 11,867,431 as repair expenses.

On the other hand, among the terms applicable to the insurance contract of this case, main contents relating to drinking driving are as follows.

Article 1 (Definition of Terms) The definitions of terms used in this Terms and Conditions shall be as follows:

9. The term "driving" means driving under the influence of alcohol as prescribed by the Road Traffic Act or refusing to comply with a measurement of alcohol;

Article 11 (Charge for Accident Related to Drinking) (1) In the event that an insurance company pays personal injury I or II as a result of an accident that occurred while the insured is driving under the influence of alcohol or an accident that occurs while the driver of an insured motor vehicle is driving under the explicit or implied approval of the insured, the insured shall pay the following accident charges to the insurance company:

1. Expenses for drinking-driving accidents: The expenses for driving-driving accidents shall be paid to the insurance company without delay in cases of Class I personal compensation for each accident, KRW 3 million in cases of Class II, and KRW 1 million in cases of physical compensation;

However, when the insured has failed to pay the accident charges due to economic reasons, etc., the insurer shall be the insurer.