1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract that contains a special agreement for non-life-free insurance with respect to A and B, and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract that contains a special agreement for non-life-free insurance with the Gyeongbuk Provincial Police Agency for the purpose of patrol (hereinafter “Defendant vehicle”).

B. At around 00:45 on June 20, 2014, A, a police officer, was injured by collisions with D vehicles subscribed to liability insurance (hereinafter “HA vehicles”), while on board the 44-going passenger ship terminal parking lot along the coast of the north-gu Office of Port at the port of Port, North Korea, and performing official duties.

C. By March 6, 2015, the Plaintiff paid KRW 20,215,880,000,000, which is the aggregate of the insurance proceeds from an in-insurance coverage with the medical expenses incurred by A, and returned KRW 11,30,00,000 from the insurer of the vehicle.

The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

In the case of injury caused by an insured motor vehicle under Article 18 (insured) the scope of the insured shall be as follows:

1. The spouse of the named insured and the named insured (whether or not the insured was on board the vehicle): Provided, That if the named insured is a juristic person, the director and the auditor shall be deemed the named insured;

2. The parents and children of an insured person or his/her spouse (it shall not be asked whether the insured person was on board the vehicle);

3. An insured automobile under operation or management with the consent of the insured in case of being on board the insured automobile.

(i)if a motor vehicle dealer uses or manages an insured motor vehicle entrusted in the course of its business, it shall not be deemed an insured person.

4. An insured automobile under operation for the insured as referred to in subparagraphs 1 through 3.

(i) motor vehicles;