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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. On February 15, 2018, around 03:55, the Defendant, as an employee of C Co., Ltd. (hereinafter “Nonindicted Company”), driven a D vehicle owned by Nonparty Company (hereinafter “instant vehicle”) on the wall wave street in the Gero-dong, Gero-dong, Gwangju Mine-gu, and was negligent in neglecting the duty of safe driving, such as driving, and caused the central separation zone to the front part of the instant vehicle by negligence.
(hereinafter “instant accident”). (b)
The non-party company suffered damage to the full damage of the instant vehicle due to the instant accident.
C. The Plaintiff is an insurer who entered into an insurance contract of “E” with the Nonparty Company (hereinafter “E insurance contract”). From October 15, 2018 to around December 23, 2018, the Plaintiff paid the Nonparty Company KRW 23,110,000 in total with the insurance money for self-vehicle loss under the instant insurance contract. Around that time, the Plaintiff returned KRW 2,230,000 from the Nonparty Company’s proceeds of the instant vehicle.
Meanwhile, the main contents of the insurance terms and conditions incorporated into the instant insurance contract (hereinafter “instant insurance terms and conditions”) are as follows.
Article 22 (The Insured) In respect of self-vehicle damage, the Insured has the honor to be named in the Insurance Policy.
Article 23 (Compensation for Non-Compensation) Any of the following damages shall not be compensated for its own vehicle 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 or medicinal substances:
(a) Article 34 (Subrogation of Insurance Companies) (1) Where an insurance company has paid insurance money or damages to the insured or claimant for damage, it shall acquire the rights of the insured to a third party within the scope of insurance money or damages paid;
However, if an insurance company compensates part of the insured's loss, it does not infringe on the rights of the insured.