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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant first insurance contract”) with respect to the automobile B owned by A (hereinafter “instant vehicle”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile C, which includes a non-insured automobile security (hereinafter “instant second insurance contract”).
B. According to the instant clause No. 1 insurance contract No. 2, pursuant to the Plaintiff’s First Insurance Contract No. 1, the damages arising from an accident that occurred when a driver of an insured motor vehicle was to drive without a license under the explicit implied approval of the insured (hereinafter “instant exemption clause”) are excluded from compensation (hereinafter “instant exemption clause”).
C. At around 21:38 on October 26, 2012, A, while driving the instant vehicle under the influence of alcohol content of 0.106% without a vehicle driver’s license, D, an son of A, driving the instant vehicle on two-lanes in front of the luminous-dong Damp Damp Damp Damp Damp Damp Damp Damp Gam Gam Gam Gam Gampus from the ELmpus lapus lapusspus, who was on the front side of the instant insurance contract, got the insured Party E of the instant secondary insurance contract of this case and went away from the front side after having the E face with the vehicle parked on the front side, and accordingly, E died from the ram lam lam lam e due to such an accident.
(hereinafter “instant accident”). D.
The Defendant paid KRW 154,249,010 in total to E’s bereaved family members pursuant to the instant 2 insurance contract, and then claimed the amount for reimbursement to the Plaintiff. However, the Plaintiff refused the payment of the insurance money for this portion, which is exempt from liability in accordance with the instant 2 insurance contract.
E. Accordingly, the defendant filed a petition for deliberation with the committee for deliberation on the dispute over reimbursement of automobile insurance, and the committee for deliberation on payment of insurance money to the plaintiff is not subject to the exemption clause of this case.