1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The term “the Plaintiff” means a place where construction machinery, etc. is installed on October 29, 2015.

through the Geumsung Construction Machinery Co., Ltd. (hereinafter referred to as the “Ssung Construction Machinery”), the Defendant and the Plaintiff entered into a business automobile insurance contract (hereinafter referred to as the “instant insurance contract”) with respect to the B machine owned by the Plaintiff (hereinafter referred to as the “instant vehicle”). The Geumsung Construction Machinery entered into the insurance contract in the name of the contractor or the insured’s domicile, instead of the Plaintiff’s address, the name of the contractor or the insured’s address entered the “Yongcheon-gun, Jincheon-gun, Jincheon-gun, 102” as the location of the office of the Plaintiff.

B. According to the instant insurance contract, up to October 29, 2015, KRW 1,443,00 for one premium, KRW 1,030,720 for two premiums up to December 29, 2015, KRW 824,570 for three premiums up to March 29, 2016, and KRW 4,122,860 for four premiums up to June 29, 2016, among the special terms and conditions for installment payments for insurance premiums (hereinafter “instant terms and conditions”), the main contents of the instant case are as follows.

Article 3 (1) When a policyholder (Plaintiff) fails to pay the installment premium after the second installment payment date, the maximum payment period shall be determined by the last day of the month following the month in which the agreed person is included.

The Company (Defendant) shall compensate for any accident arising within the period of this maximum payment.

(2) If the installment premium is not paid within the payment period under the above paragraph (1), the insurance contract shall be terminated from 24 p.m. of the date on which the payment period expires.

(3) If the policyholder fails to pay the installment premium by the agreed payment date, the company shall give written peremptory notice to the policyholder and the named insured prior to the expiration of the maximum payment period, as specified in paragraphs (1) and (2).

At this time, the policyholder or the insured notifies the change of address pursuant to Article 45 (Duty to Notify after Contract) of the General Terms and Conditions.