가. 원고는 2014. 3. 18. 07:05경 B 차량(이하 ‘이 사건 차량’이라 한다)을 운전하여 전북 진안군 C 소재 D주유소 옆 도로를 전주 방면에서 진안읍 방면으로 진행하다가 진행 방향 우측 가드레일을 충격하여 위 차량이 진행방향 좌측으로 튕겨져 나가 논으로 추락하는 사고(이하 ‘이 사건 사고’라 한다)를 당하였다.

B. With respect to the instant vehicle at the time of the instant accident, the Plaintiff entered into an automobile insurance contract for professional car victims (hereinafter “instant insurance contract”) containing the content of “in the event that the physical disability remains after treatment as a direct result of the injury,” “in the case of the physical disability of the insured, within the limit of KRW 100 million according to the criteria for the payment of self-physical accidents” in attached Table 3, “in the case of the disability of the insured, within the limit of KRW 100 million” and “in the case of class 5,00,000, and in the case of class 4,000,000, and in the case of class 40,000, and in the case of class 10,000, in accordance with the Enforcement Decree of the Automobile Accident Compensation Security Act, the amount of disability of the instant insurance contract shall be determined according to the classification of self-physical accidents as well as the list of the amount of the insurance coverage of class 3.

[Ground of recognition] Facts without dispute, Gap evidence 1 (Evidence A 10), Eul evidence 1 through 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was that the instant accident interfered with class 5 and class 7 of the attached Table 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (a person who has an obvious obstacle to the function or mental function of the new system and is not engaged in any work other than an easy work). Therefore, the Defendant did not err in the judgment of the lower court.