1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Defendant with respect to the automobile volume Cro 2.0 automobiles owned by the Defendant (hereinafter “insured vehicle”) with the insurance period from April 13, 2017 to April 13, 2018 (hereinafter “instant insurance contract”).

B. Around 18:45 on February 4, 2018, the Defendant, while driving an insurable vehicle in G in the Gandong-gun, Gandong-gun, the insured vehicle, was shocked to E while walking on the right side of the front side and sustained injury to E.

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

The plaintiff paid 1,166,550 won as insurance proceeds to E.

【In the absence of dispute over the ground for recognition, entry of evidence Nos. 1, 2 and 5, and fact-finding reply to the chief of the liveal police station of the first instance court, the purport of the whole pleadings

2. The plaintiff's assertion caused the accident of this case by driving without a license.

According to Article 11 of the Clause of the Insurance Contract of this case, where an insurance company pays insurance money due to an accident that occurred while the insured is driving without a license, the insured shall pay accident charges (in the case of personal compensation, KRW 3,000,000, and in the case of physical compensation, KRW 1,000) to the insurance company, and where the insured fails to pay the accident charges, the insurance company may first pay the victim the accident compensation and claim the accident charges to the insured.

Therefore, the defendant is obliged to pay to the plaintiff 1,166,550 won for indemnity and damages for delay.

3. Determination

A. Article 80(2) of the Road Traffic Act provides, “The Commissioner of the Local Police Agency shall classify and manage the scope of driver’s licenses as follows based on the types of vehicles that can drive. In such cases, the kinds of vehicles that may drive according to the scope of driver’s licenses shall be prescribed by Ordinance of the Ministry of Public Administration and Security.”