1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. Basic facts

A. 1) The Plaintiff entered into an insurance contract between A and B with respect to B, the Plaintiff is a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) which includes a special contract for injury security with respect to B, from November 10, 2015 to November 10, 2016, with respect to the insured and the period of insurance from November 10, 2015.

Article 18 subparag. 2 of the Insurance Terms and Conditions on the Insurance Contract of this case provide that “the insured of an accident insurance for non-life insurance for an insured person or his/her spouse’s parents and children (whether or not he/she was on board the insured vehicle).” 2) Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who entered into an automobile insurance contract with the Defendant Samsung Titter Co., Ltd. (hereinafter “Defendant Samsung Fire”) with respect to the vehicle C owned by the Defendant Jeju Titter (hereinafter “the instant vehicle”).

B. From August 2014 to January 2015, D, while driving the instant vehicle with E, F, and G while under the influence of alcohol at around 02:00 on Nov. 26, 2015 and with alcohol without a license and blood alcohol concentration of 0.098% on Nov. 26, 2015, D, who had been working as an employee of Defendant Jeju Port from August 2014 to January 2015, is proceeding two-lanes of the three-lane road adjacent to the village entrance of Appendix 23, Jeju City, in the direction of the e, F, and G, a child of this case.

On the front part of the instant vehicle, street trees and street lamps installed at the edge of the road were shocked.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, E received medical treatment at H Hospital by suffering from injury, such as flaging, in which there are two or more open rooms in need of approximately 10 weeks of medical treatment. From February 17, 2016 to August 17, 2016, the Plaintiff paid KRW 13,531,330,000, in total, the insurance proceeds from the said medical treatment costs.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.