1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 22, 2013, the Plaintiff concluded a personal automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant for the CM5 Motor Vehicle owned by B (hereinafter “instant insured motor vehicle”) with respect to the insurance period from March 24, 2013 to March 24, 2014.

B. At the time of the conclusion of the instant insurance contract, the Plaintiff entered into a special agreement for limited driving together with the married couple, which stipulates that “The Company shall not pay insurance money for any accident occurred while a registered insured and a person other than his/her spouse drive an insured automobile pursuant to this special agreement,” and the concept of the spouse “I do not mean a spouse in a de facto marital relationship with his/her spouse or spouse under the law of the registered insured.”

C. On November 16, 2013, while driving the insured motor vehicle of this case on or around 12:20, the Plaintiff caused the instant accident (hereinafter “instant accident”) that caused the destruction of the damaged motor vehicle and the injury of D, by shocking the rear part of the vehicle E (hereinafter “instant damaged motor vehicle”) that was previously driven in the vicinity of the Yanandong-dong East-gu, Yandong-gu, Seoul Special Metropolitan City (hereinafter “instant damaged motor vehicle”).

The Samsung Fire and Marine Insurance Co., Ltd., the insurer of the instant damaged vehicle (hereinafter “Tsung Fire”), refused to compensate for the instant accident on the ground that the Plaintiff was not the spouse of B. On March 3, 2014, the Plaintiff paid KRW 28,418,00 to D at the repair cost of the damaged vehicle and demanded the Plaintiff to pay that amount as indemnity around that time.

[Ground of recognition] In the absence of dispute, Gap's evidence 1, 2, Eul's evidence 2, 3, Eul's evidence 4-1 to 3, Eul's evidence 5, the fact inquiry results of the first instance court's Samsung F&O center, the purport of the whole pleadings

2. The assertion and judgment

A. Whether the Plaintiff’s agreement on the designation of the driver is reached is with respect to the Plaintiff.