보험금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why this Court's statement concerning this part of the facts of recognition are the same as the part of the first instance court's "1. Facts of recognition", except for the deletion of the third and sixth "business use" from among the judgment of the first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. It is true that the Plaintiff’s assertion 1) caused the Plaintiff to drive the instant motor vehicle, which is a motor vehicle of the D Farming Cooperative, for the business of the D Farming Cooperative on the date of the instant accident. However, among the instant insurance contract, the “private motor vehicle,” which is subject to the payment of insurance money, refers to the motor vehicle that does not provide for transport with compensation. On the date of the instant accident, the Plaintiff is merely temporarily driving the instant motor vehicle due to the absence of the driver of the instant motor vehicle. Therefore, the Plaintiff’s driving of the instant motor vehicle constitutes the “private motor vehicle,” which is the cause for the payment of insurance money. Therefore, the Defendant is obligated to pay KRW 30 million, which is the limit of insurance money, and delay damages therefrom, to the Plaintiff. Accordingly, the Defendant is obligated to pay the Plaintiff the payment of insurance money under the instant insurance contract, which is subject to the payment of insurance money, as set forth in the Criminal Agreement, which provides for the payment of insurance money “in the event of a sudden and rapid loss inflicted on another person due to a motor vehicle accident that occurred while driving.”
Considering the following circumstances that can be recognized by comprehensively taking account of the entries in the evidence No. 4 and the purport of the entire pleadings, it is reasonable to interpret the term “private cars” in the above grounds for the payment of insurance proceeds to be based on the usage registered in the automobile register.