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(영문) 서울중앙지방법원 2017.08.11 2017가합517863
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The towing vehicle in the instant case and the vehicles accompanied by the instant accompanying vehicle E were owned by a pair of coarcors (hereinafter “the towing vehicle in the instant case”).

E entered into an entry contract with H operating the transportation business under the trade name of “G,” and performed the business of transporting Abro ingredients from P to the factory of Korea-U.S., U.S., U.S., U.S., U.S., located in U.S., U.S., in U.S., for the instant towing vehicle (hereinafter “instant accompanying vehicles”) by connecting the tank to which H is loaded with an Abro fuel installed above the tank (hereinafter “instant tank”).

B. On November 5, 2014, the instant comprehensive automobile insurance contract between E and the Defendant entered into an automobile comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to the instant towing vehicle from November 11, 2014 to November 11, 2015, with respect to the instant towing vehicle, the term of the insurance period from November 11, 2014 to November 11, 2015, including “Large Personal Compensation I (the amount stipulated in the Guarantee of Automobile Accident Compensation Act), Large Personal Compensation II (U.S.) and Large Personal Compensation (hereinafter “instant insurance contract”).

Since the towing vehicle of this case has a special connecting device used to tow the accompanying vehicle, under the insurance contract of this case, the towing vehicle of this case covers the liability for damages caused by an accident that occurred during towing in order to guarantee the risk of an accident increased by towing the accompanying vehicle and operating the towing vehicle of this case, the towing vehicle of this case applied the "Risk Security Rate among towing vehicles of the towing vehicle" applying 100% of the existing insurance premium to the towing vehicle.

C. The instant tank in which the instant accident occurred was discharged as an abdominative material, which is a loaded material, by injecting compressed gas into compresseds, and there was a problem that it is not easily discharged as an abundminative material from the instant tank.

E is an entry contract with H as of September 2015, 2015.

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