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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is that the court shall dismiss “Defendant Construction Machinery” of the first instance judgment No. 6, No. 10, as “the perpetrator directly,” and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the judgment on the argument that the plaintiff made in the trial of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The Plaintiff agreed with the parties to treat the instant construction machinery in the same manner as the construction machinery governed by the law of self-certification, and thus, the Defendant is obligated to pay the insurance money under the law of self-certification, and even if the Defendant’s liability for compensation Class II should be first considered in the instant automobile insurance contract, the Plaintiff’s liability for compensation Class II should be recognized if the Plaintiff’s liability for compensation is exempted due to non-licensed driving, etc.
However, the construction machinery of this case does not constitute a construction machinery subject to the law of his own ship. As seen earlier, even if there is no amount that can be paid to the large-scale compensation Ⅰ due to the occurrence of the accident of this case, C is entitled to receive compensation Ⅱ, barring special circumstances. Thus, C subscribed to the large-scale compensation Ⅱ on the premise that the large-scale compensation Ⅱ, taking into account the large-scale compensation Ⅱ, was subscribed to the large-scale compensation Ⅱ.
There is sufficient room to see.
Therefore, at the time of the conclusion of the above contract, C and the Defendant agreed to exclude the provisions of the terms and conditions as to the scope of compensation Ⅰ in the event that the damage was incurred due to the occurrence of the instant construction machinery accident, other than the liability for damages by the law of his own, and to compensate the Defendant as Ⅰ in compensation.