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 July 29, 2017, the Plaintiff is an insurer that entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to D vehicles owned by C (hereinafter “instant vehicles”), and the Defendant is the spouse of C who consented to the said vehicle.

B. Around 08:30 on August 3, 2017, the Defendant was driving the said vehicle on the road near E-F located in the Pakistan and caused a traffic accident that conceals the rear aft of G vehicles (hereinafter “victim”). At the time, the Defendant was under drinking and non-licensed conditions.

C. On September 8, 2017, the Plaintiff paid KRW 4,551,300 to the Plaintiff for the purpose of physical compensation, such as repair expenses for damaged vehicles.

Article 11 (Charges for Motor Vehicle Driving or Unlicensed Driving) ① In the event that an insurance company pays insurance proceeds from personal liability I, personal liability II or personal liability II or personal liability on account of an accident occurred while a driver of an insured motor vehicle under the influence of drinking or unlicensed driving, or implied approval from the insured person, under the explicit or implied approval of the insured person, the insured shall pay the following accident charges to the insurance company:

1. Accident charges for drunk driving: the personal compensation I for each accident, the 3 million won for II, and the 1 million won for the substitute;

2. Unlicensed Driving Accident Charges: The personal compensation I shall pay 3 million won for each accident, and the personal compensation shall be 1 million won for each accident. 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 damages to the insured including this accident charges, and may request the insured to pay this accident charges.

The relevant insurance terms and conditions [based on recognition] did not dispute, each entry of Gap evidence 1 to 4, and the purport of the whole pleadings.