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(영문) 청주지방법원 2018.02.09 2017가단103849

손해배상(기)

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs jointly own the same 1/4 share of each of the instant forest land in Cheongju-si E (hereinafter “instant forest”) at the rate of 1/4 shares.

B. The Defendant is the insurer that purchased the insurance contract (hereinafter “instant insurance”) with respect to the F-business-type 2-type F-Business-of-life vehicles (the vehicle with a car stick in place; hereinafter “the instant vehicle”), with respect to the insured Non-Party G Co., Ltd. (hereinafter “Non-Party G”) and the automobile insurance (hereinafter “the instant insurance”) from October 24, 2014 to September 1, 2015. The scope of the instant insurance is the limit of KRW 100 million per one accident.

C. Article 6(2) of the terms and conditions of the insurance of this case provides, “In physical compensation, an insurance company shall compensate for the loss sustained by the insured by removing or damaging another person’s property due to an insured motor vehicle accident that occurred while the insured owns, uses or manages the insured motor vehicle.”

On April 17, 2015, around 14:30 on April 17, 2015, the fire that occurred from the H outdoor in the petition-gu, Cheongju-si, was spreaded to neighboring forests and fields, and approximately 3,268g dusted in the forest of this case.

(hereinafter referred to as “instant fire”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 2, 3, and 11, Eul evidence No. 1, and the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. On April 17, 2015, I, an internal director of the non-party company, carried out the work of cutting the original type of a testing tank from the non-party company’s workplace to a oxygen with the employee J on April 17, 2015, and I operated the instant vehicle to move the cut testing tank into the work site.

I moved a cut studs tank into the instant vehicle, and then moved a studs studs straw inside the instant vehicle, which were located in the instant vehicle’s own tank, to the end of the waste straws that were loaded in the vicinity of the instant vehicle.