1. The plaintiff's claim is dismissed.

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

1. On November 2017, the Plaintiff is an insurer that entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant, including the special terms and conditions on vehicle driving security (hereinafter “instant special terms and conditions”) with respect to the instant new business vehicle, setting the insurance period from November 7, 2017 to November 7, 2018.

The instant special agreement stipulates that “the registered insured and his parents, spouse or children are not automobiles ordinarily owned or used by them” as to other automobiles subject to the special agreement.

On September 2, 2018, around 13:24, 2018, the Defendant driven the Faburged Vehicle owned by the Defendant D (spouse E) (hereinafter “instant vehicle”) and caused an accident of shocking the front vehicle, etc. while driving on the road located in the Southern-si, Chungcheongnam-si, Namyang-si, 1993 (hereinafter “instant vehicle”).

(hereinafter “instant accident”). The Plaintiff paid KRW 40,302,50 in total to the victims, etc. of the instant accident with vehicle repair expenses, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The Plaintiff asserted that the vehicle ordinarily used by the Defendant or the Defendant’s child E does not fall under “other automobiles” guaranteed by the instant special agreement, and thus, the Plaintiff paid the repair cost, etc. due to the instant accident, and thus, the Defendant should return the purport of the claim to the Plaintiff.

3. The purport of the “other special agreement on driving security” automatically applicable to the case of purchasing an accident insurance policy for an insured automobile among the judgment personal car insurance is that the insured who drives an insured automobile is within the scope of risk that can present the risk of occurrence of an accident as to the insured automobile in the event that the insured who temporarily drives another automobile is identical to the use of the insured automobile.