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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 22, 2013, the Plaintiff and the Defendant concluded a personal automobile insurance contract (hereinafter “instant automobile insurance contract”) with respect to the CM5 vehicle owned by B (hereinafter “accidented vehicle”) as “from March 24, 2013 to March 24, 2014,” and the insured as “B” (hereinafter “instant automobile insurance contract”).
B. In the instant automobile insurance contract, the Plaintiff and the Defendant limited the scope of the driver to “Divisions,” and according to the marital limited driving clause applicable to the instant automobile insurance contract, the Plaintiff and the Defendant stated that “the company shall not pay insurance proceeds for any accident that occurred while driving an insured automobile according to the instant special terms and conditions.” As to the concept of the spouse, “I refer to the spouse or the spouse in a de facto marital relationship under the laws of the named insured.”
C. On November 16, 2013, the Plaintiff’s driving of the accident vehicle around 12:20 on November 16, 2013, is the instant traffic accident, hereinafter “the instant traffic accident”). The Plaintiff’s driving of the D Driving Vehicle (hereinafter “victim”) that was previously driven in the vicinity of the Yannam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).
D) The instant traffic accident caused the Plaintiff to pay KRW 28,418,00 of the cost of repairing the damaged vehicle. Around March 3, 2014, Samsung Fire Marine Insurance Co., Ltd., the automobile insurance company, due to the instant traffic accident, paid KRW 28,418,00 of the cost of repairing the damaged vehicle to D. Around that time, a claim for reimbursement was filed against the Plaintiff. [In the absence of any dispute over the grounds for recognition, Gap’s evidence Nos. 1, 2, 2, 3, 4-1, 2, 3, and 5 of the evidence Nos. 4-1, 2, 3, and 5, the fact-finding of the Samsung Fire
2. Judgment on the plaintiff's assertion
A. The plaintiff's summary of the claim constitutes an insurance accident secured by the automobile insurance contract of this case, and the plaintiff Samsung Fire Marine Insurance.