1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following shall be revoked.

1. Facts of recognition;

A. The Plaintiff and Defendant B concluded a comprehensive automobile insurance contract with the named insured for Defendant A, the insured for Defendant B, and the insured for Defendant B from February 6, 2012 to February 6, 2013, with the insurance coverage amounting to KRW 30,000,00 with the personal liability insurance amount as follows. The Plaintiff is an insurer who entered into the said insurance contract with the named insured for Defendant A’s vehicle C owned by the Defendant (hereinafter “Defendant vehicle”). Article 11 of the terms of the said insurance contract provides for “accident charges related to driving without driving and non-licensed driving.”

Article 11 (Charges for Motor Vehicle Driving or Unlicensed Driving) (1) In the event that an insurance company pays insurance proceeds under the Personal Compensation I, the Personal Compensation II, or the Personal Compensation Act due to an accident that occurs while a driver of an insured motor vehicle under the influence of alcohol, driving without a license, or driving without a license under the explicit or implied approval of the insured, the insured shall pay the following accident charges to the insurance company:

1. Accident charges for drunk driving: Two million won for each accident, and five hundred thousand won for the Large Compensation I, and five hundred thousand won for the Large Compensation I, respectively;

2. Unlicensed Driving Accident Charges: Two million won per accident, while five hundred thousand won, the Personal Compensation Act, and the Personal Compensation. (2) The insured shall, without delay, pay the accident charges for drunk driving or unlicensed driving to the insurance company.

However, if the insured has failed to pay the accident charges due to economic reasons, etc., the insurance company may preferentially pay the amount of compensation including the accident charges to the insured and request the insured to pay the accident charges.

B. Defendant B, around 23:00 on September 14, 2012, driven the Defendant’s vehicle in a drinking state on the roads near the Seo-gu Seo-gu, Suwon-gu, Suwon-si, and was waiting for signal at the front section.