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1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The plaintiff A is the husband of the deceased C (hereinafter "the deceased"), and the plaintiff B is the child between the plaintiff A and the deceased.
B. On July 13, 2013, Plaintiff A and the Defendant Company entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Plaintiff’s “Dives (TUCSON) automobiles” owned by the Plaintiff (hereinafter “Dives”) with the Plaintiff’s spouse, the Deceased, and the Plaintiff’s insurance period until July 13, 2014 (hereinafter “instant insurance contract”). The Plaintiff subscribed to the instant special terms and conditions for other automobiles driving security (hereinafter “instant special terms and conditions”). The main contents of the said special agreement are as follows.
Article 49 Section 304 of the Special Terms and Conditions for the Operation of other Motor Vehicles (Article 304 of the Special Terms and Conditions for the Operation of Motor Vehicles) ① The defendant shall be deemed to be an insured motor vehicle under Articles 6, 12 and 130 of the General Terms and Conditions for the Operation of Other Motor Vehicles and shall compensate for the other motor vehicles which the insured has driven, in case where the insured has suffered damage as a result of the occurrence of the personal accident or the physical accident that occurred while driving the other motor vehicles,
Other automobiles for private use mean the following automobiles which are the same as the insured automobiles:
1. Motor vehicles other than motor vehicles owned or ordinarily used by an insured person and his/her parents, spouse, or child;
2. Where the insured has replaced his/her motor vehicle, a motor vehicle from the time such fact occurred until the time of approval in cases where the insurance company replaces the insured motor vehicle under Article 42 of the Insurance Policy with another motor vehicle;
C. On November 4, 2013, the Deceased was driving a FF E E-E vehicle (hereinafter “E-E-E-E-E-E-E”) and caused an accident of shocking telegraph by leaving the road in front of the sixth Group of E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-Sa