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1. Each appeal by the Defendants is dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Paragraph (1) of the judgment of the court of first instance.
Reasons
1.In the event that an insurance company pays insurance proceeds from personal injury I or II as a result of an accident that occurred while the insured is driving under influence of alcohol or driving without a license or under the explicit or implied approval of the insured, or from an accident that occurs while the driver of an insured motor vehicle is driving under influence of alcohol or driving without a license, the insured shall pay the following accident charges to the insurance company:
2. Unlicensed Driving Accident Charges: The personal damage I shall pay the personal damage of KRW 3 million per accident, the personal damage of KRW 1 million, and the personal damage of KRW 2 million, the insured shall pay the accident charges for drunk driving or unlicensed driving to the insurance company without delay.
However, if the insured failed to pay the accident charges due to economic reasons, etc., the insurance company may first pay the victim the damages including this accident charges, and may claim this accident charges to the insured.
Defendant B entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to D vehicles (hereinafter “instant vehicle”) with the term of insurance from June 11, 2017 to August 11, 2017, including “30 years of age or older special driving agreement” and “family limited driving special agreement” (hereinafter “instant insurance contract”). The terms and conditions on self-charges applicable to the instant insurance contract (hereinafter “instant contract”) are as follows:
B. On August 11, 2017, Defendant C, the father of Defendant B, driven the instant vehicle without obtaining a driver’s license on August 14:30, 2017, and shocked the back portion of the H vehicle driven by G, which was parked at the right edge of the said road, at the right edge of the said road (hereinafter “instant damaged vehicle”).
(hereinafter “instant accident”).