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(영문) 춘천지방법원원주지원 2015.10.27 2014가단36893

보험금

Text

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 a company running the business of screening aggregate, crushing and transporting aggregate, and the Defendant is a non-life insurance company. The Plaintiff and the Defendant concluded an insurance contract with the following content on May 9, 2014:

(hereinafter referred to as the “instant insurance contract”). - Insurance types: professional car car insurance (be against position): Insurance period: May 9, 2014; from May 9, 2014 to May 9, 2015 - Insured automobile: A mining searcher, without track type construction machinery - Insured: the Plaintiff.

B. On November 3, 2014, around 9:30 on November 3, 2014, B, who is the Plaintiff’s employee, was working as the above insured automobile at the work site located at Heakju-si. However, there was an accident in which the dump truck in the development of Jong-si Industry, a company waiting to lower aggregate, did not find out that the dump truck is nearest and did not cut off the dump truck and shock the above dump truck.

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

The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

◆제2절 『대인배상Ⅱ와 대물배상』중 제8조(보상하지 않는 손해) 제1항 제8호 - 피보험자 본인이 무면허운전을 하였거나, 기명피보험자의 명시적, 묵시적 승인 하에서 피보험자동차의 운전자가 무면허운전을 하였을 때에 생긴 사고로 인한 손해, 다만, 『자동차손해배상보장법』제5조 제2항의 규정에 따라 자동차보유자가 의무적으로 가입하여야 하는 『대물배상』보험가입금액 한도에서는 보상합니다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including those with a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. As a result of the instant accident, the Plaintiff is liable for damages for KRW 76,886,525 due to the repair cost of the damaged dump truck and the temporary closure cost, etc. for the development of the Mump industry. Therefore, the insurance amount equivalent to the above amount of damages based on the instant insurance contract.