1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. Facts of recognition;

A. On June 7, 2013, the network C subscribed to the Defendant’s liability insurance [the amount of subscription: the amount prescribed by the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act; the amount prescribed by the special terms and conditions; and at least 26 years old; hereinafter “instant insurance”) with respect to D News EM cars (hereinafter “instant automobile”).

B. On June 28, 2013, around 00:40 on June 28, 2013, the deceased’s friendship E received roadside trees from the edge of the road at the head of the Geumcheon-gun of Gangseowon, which was under the influence of alcohol while driving the instant vehicle under the influence of alcohol, while driving the instant vehicle on the top of the steering force of the instant vehicle.

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

The Deceased died due to the instant accident, and the Plaintiffs are the only inheritor as the parent of the Deceased.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, and 1-2, Eul evidence 2-12, and Eul evidence 2-13, the purport of the whole pleadings and arguments

2. The plaintiffs' assertion that E constitutes the consenting insured because he temporarily driven the key of the instant vehicle from the deceased by putting the key to the instant vehicle temporarily. Since he was led by and directly enjoyed the operation control and operation profit of the instant vehicle than the deceased at the time of the instant accident, the deceased may assert that E constitutes a “other person” under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter "the Automobile Accident Compensation Act").

Therefore, the defendant has a duty to compensate the plaintiffs and the deceased for the damages caused by the accident of this case within the scope of the insurance money of this case pursuant to Article 3 of the Self-Governing Act.

3. Determination

(a) whether E is an insured person with consent or not means a person who uses or manages insured motor vehicles with consent of the insured person;

With respect to this case, each statement of Nos. 3 (including paper numbers) and No. 2-12, and each statement of No. 1-2, F of witness of the first instance trial and E are all the arguments.