1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On February 15, 2014, around 10:50 on February 15, 2014, the Defendant driven an industrial tower located in Ulsan-gu, Ulsan-gu, an industrial tower from four lanes to five lanes in the street, and left to the rooftop from the side of Samsan-dong, the Defendant: (a) caused a sudden collision with the wind that C would change the bus rapidly from three lanes to four lanes; and (b) caused the said motor vehicle to conflict with the said cargo by driving the said horse, stopping the front of the said horse; and (c) caused the said motor vehicle to collision with the said horse.

(2) On July 9, 2014, a summary order of KRW 1 million was issued to the Suwon District Court (Seoul District Court Decision 2014 High Court Decision 201Da86500, Sept. 6, 2014). On the ground of the instant accident, the Defendant was charged with summary assault and was notified of a summary order of KRW 1 million on July 9, 2014. On the other hand, the Defendant filed for formal trial under the above court’s 2014 High Court Decision 201Da2088. However, on August 29, 2014, the judgment became final and conclusive on September 6, 2014.

B. With respect to the instant accident, the Plaintiff, the insurer of the Frist Motor Vehicle, paid KRW 25,000 as the repair cost of the said Frist Motor Vehicle on February 28, 2014, and KRW 295,450 on May 22, 2014, respectively, and paid KRW 80,000 as the criminal agreement amount against C on May 21, 2014.

However, according to the automobile insurance clause of the insurance contract on the above free motor vehicle (hereinafter “instant insurance contract”), there is a provision that the policyholder or the insured does not compensate for any loss caused by the intention of the policyholder or the insured.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, substantial facts in this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the accident of this case is not an insurance accident under the insurance contract of this case since the defendant intentionally caused the accident of this case, and thus, it does not constitute an insurance accident under the insurance contract of this case. However, the plaintiff's total amount of KRW 1,220,450 = The amount of criminal agreement of KRW 295,450,00 for the repair cost of the above freer vehicle 295,450.