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 court's explanation on this part of the basic facts is the same as the statement in Paragraph 1 of the reasoning of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s assertion 1) In full view of the terms and conditions of the instant insurance contract and the instant terms and conditions, the “accident caused by daily life (excluding the possession, use, or management of real estate other than a house)” under Article 2(1)2 of the instant terms and conditions shall be interpreted as corresponding to the “accident caused by the possession, use, or management of the house indicated in the insurance policy” under Article 2(1)1 of the instant terms and conditions. 2) At the time of the instant accident, the Defendant, although he was a university student but was a minor, was a special horse student, and thus, the Defendant’s participation in the instant competition is an act based on social status. The instant accident constitutes “accident caused by the performance of duties,” not “accident caused by the performance of duties” under Article 4(2)1 of the instant terms and conditions, and thus, constitutes damage not compensated.

B. Defendant’s assertion 1) The instant accident constitutes “accident due to daily life” under Article 2(1)2 of the instant Terms and Conditions, and does not constitute “accident due to performance of duties” under the instant Terms and Conditions. 2) Even if the instant accident falls under “accident due to performance of duties”, the Plaintiff did not fulfill the duty to explain the instant Terms and Conditions to the Defendant, and thus, the instant Terms and Conditions cannot be deemed the content of the instant insurance contract.

3. Determination

A. Whether the instant accident ought to be an accident on an equal basis with the “accident arising from the ownership, use, and management of a house listed in the insurance policy” in the daily life.