1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with D, which contains a “non-life insurance special agreement” with respect to the automobile, and the Defendant is an insurer who entered into an automobile insurance contract with F, which contains a “other automobile driving special agreement” with respect to the automobile.

B. At around 21:17 January 3, 2014, F, while driving on behalf of, and driving on behalf of, an IBT car owned by H (hereinafter “accidented vehicle”) at the same time, F, while driving two lanes in front of the CWT car located in the East Sea from J to the TW-based comprehensive sports ground, the parts of D’s bridge on which the road was walking on the road was shocked to the front part of the accident vehicle, and was faced with the injury, such as singlebr, singlebr, and the rear slebroid, by shocking the front part of the accident vehicle.

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

F concluded a comprehensive motor vehicle insurance contract with the Defendant, which includes the “other special motor vehicle driving agreement” but was engaged in the proxy driving business, but the said special agreement was not applicable to the accident that occurred while driving the motor vehicle on January 17, 2014, the F falsely accepted the insurance as if the accident occurred while driving the motor vehicle of the Defendant.

Accordingly, the Defendant paid KRW 86,465,170 in total amount of insurance proceeds to D from January 23, 2014 to April 14, 2014 in accordance with the “Special Agreement on other Motor Vehicle Driving Security,” which is the amount calculated by deeming D’s negligence as 30%.

Since then, the Defendant confirmed that the instant accident occurred during F’s vicarious driving, but did not apply the “other special agreement for driving security”, the Defendant paid insurance proceeds to F to F, and claimed insurance proceeds under the “special agreement for driving security” entered into with D.

Accordingly, on April 24, 2014 and April 30, 2014, the Plaintiff: (i) KRW 49,068,300 in total with insurance money under the foregoing “special agreement on indemnity against an automobile without insurance” (=300,00 won in total for the period of hospitalization of KRW 11,548,730 in total).