1.The judgment of the first instance shall be modified as follows:

The defendant shall be within the scope of the property inherited from the deceased B.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with C with respect to D vehicles (hereinafter “Plaintiff vehicle”). The Plaintiff is an insurer who entered into a non-insurance accident guarantee agreement with C.

B. On May 9, 2014, the network B (hereinafter “the network”) driven a vehicle E (hereinafter “the network”) around 13:45 on and around May 13:5, 2014, carried out the national highway No. 5 in front of the G oil station located in YF on the original bank section in accordance with the national highway No. 5 in front of the G oil station located in Y, and obstructed the central line and caused the Plaintiff’s vehicle driven on the part of the national highway (hereinafter “instant accident”). As a result, the driver of the Plaintiff vehicle and the passenger C, his spouse, suffered the Plaintiff’s injury.

C. By November 17, 2014, the Plaintiff paid KRW 38,901,450 with the medical expenses and the amount agreed upon by H and C pursuant to the foregoing non-insurance coverage agreement, and returned KRW 27,101,980 with respect to the deceased’s vehicle from the Dong Fire Marine Insurance Co., Ltd. which entered into an automobile liability insurance contract with respect to the deceased’s vehicle.

On the other hand, the deceased died on October 9, 2014, and the defendant is the deceased's children.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, since the accident of this case occurred due to the deceased's negligence in the central line of the deceased, the defendant, the inheritor of the deceased, is obligated to pay 11,79,470 won of the remainder of the insurance proceeds after deducting the liability insurance proceeds returned from the fire marine insurance company in the same part of the medical expenses and the insurance proceeds in the name of agreement paid by the plaintiff, unless there are special circumstances.

B. As to the Defendant’s defenses, the Defendant asserted that the qualified acceptance was made on the deceased’s property inheritance. Accordingly, according to the evidence No. 1, the Defendant reported the qualified acceptance on the deceased’s property inheritance on April 28, 2016, and the Cheongju District Court Decision No. 2016, Jun. 6, 2016.