1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 31, 2012, the Plaintiff entered into a comprehensive motor vehicle insurance contract with the insured with respect to the B motor vehicles owned by A (hereinafter referred to as “insured motor vehicles”) including a special agreement for full-time driving of the married couple between May 31, 2012 and May 31, 2013, by setting the insurance period A and the insured from May 31, 2012 to May 31,

(hereinafter referred to as the "Insurance Contract of this case").

C around 01:40 on December 19, 2012, around 01:0, the insured vehicle was driven and driven in one-way road near Jongno-gu Seoul Metropolitan Government D Building, and the F vehicle owned by the Defendant (hereinafter referred to as “victim”) driven by E was concealed.

(hereinafter referred to as the "accident of this case")

On February 20, 2013, the Plaintiff paid KRW 11,680,000 for the repair cost of the damaged vehicle due to the instant accident, and KRW 10,920,00 for the lending and borrowing fee on May 27, 2013, respectively, in accordance with the agreement on property compensation for the instant insurance contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. At the time of the Plaintiff’s assertion, the insured A and the insured vehicle driver C were divorced, so the Plaintiff did not know that the Plaintiff was not obligated to pay the insurance proceeds for the instant accident occurred while driving at the time of the Plaintiff’s allegation. Since the Defendant received the insurance proceeds from the Plaintiff without any legal ground and received the amount equivalent to the insurance proceeds, it is obligated to return the amount to the Plaintiff.

3. According to the special terms and conditions for limited driving of marital drivers among the terms and conditions for personal automobile insurance, an insurance company shall not pay insurance proceeds for accidents that occur while a registered insured and a person other than his/her spouse are driving an insured automobile, and the spouse of the registered insured under the above terms and conditions refers to a spouse under the law of the registered insured or a de facto spouse.

In the instant accident, the Plaintiff entered into a special agreement for limited driving.