The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant (hereinafter “instant insurance contract”) with respect to the instant vehicle C (hereinafter “instant vehicle”).

B. On July 30, 2018, around 13:42, the Defendant stopped the instant vehicle in the E parking lot located in Gangwon-si, Gangwon-si, and proceeded back to the back end of the instant vehicle, and shocked the pents and kitchen devices that were subsequently parked in the future with the back part of the instant vehicle, and shocked the even front part of the driver’s seat of the F vehicle and the left part of the G vehicle that was parked in the future, and fleded with the front part of the instant vehicle and escaped with the announcement of tax imposition and exemption.

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

On October 31, 2018, the Plaintiff paid KRW 12,659,960 at the repair cost of the instant vehicle, and KRW 1,931,300 at the F vehicle repair cost.

Among the terms and conditions applicable to the insurance contract of this case, the main contents pertaining to self-motor vehicle damage and drinking driving are as follows.

Article 11 (Charge for Accident Related to Driving or Unlicensed Driving) (1) In the event that an insurance company pays insurance proceeds from personal injury I or physical damage due to an accident that occurs while a driver of an insured motor vehicle under the explicit and implied approval of the insured's driving under influence of alcohol, driving without obtaining a license or driving without obtaining a license, the insured shall pay the following accident charges to the insurance company:

1. The cost of accident for drunk driving: The personal injury I shall not be compensated for the personal injury of KRW 3 million per accident and the personal injury of KRW 1 million shall not be compensated for any of the following damage:

14. Damage incurred by a person who falls under any of the following items in the course of driving without a license, driving under the influence of alcohol, or driving of narcotics:

(a) A policyholder and a named insured person;