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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
From May 31, 2014 to May 31, 2015, the Plaintiff entered into an insurance contract on self-physical accidents (hereinafter “instant insurance contract”) with the Korea Transportation Agency (hereinafter “instant truck”).
The term "self-physical accident" insurance refers to compensating for any loss caused by an insured motor vehicle accident that occurred while the insured owns, uses, or manages the insured motor vehicle.
On September 1, 2014, the Korea Communications Agency entrusted the management and operation of the instant truck to the Defendant.
At around 10:30 on February 27, 2015, the Defendant dismantled the ropes for fixing raw timber in order to lower the raw timber loaded on the instant truck at the open site of the military port.
The truck of this case had four wire ropes used to fix the raw timber. The Defendant, among the attempts to dismantle the wire ropes on the side of the driver’s seat and move them to the next, was able to remove the raw timber loaded on the truck of this case and to dismantle the second wire ropes, resulting in the Defendant’s loss by shocking down the upper left part of the Defendant’s left part.
(A) The term "self-physical accident" refers to an accident that occurred while using the device of the truck of this case in accordance with the unique usage of the truck of this case, which is the ground for recognition / [the ground for recognition] Gap 1, 2, Eul 1, and 2, and the purport of the entire argument of the plaintiff's argument as to the plaintiff's claim for the purport of the whole oral argument.
However, the instant accident is merely an accident caused by the Defendant’s care in the course of stopping the truck loaded on the truck after stopping, and it is difficult to view the instant truck as an accident that occurred while using the truck in accordance with its own usage. Therefore, the Plaintiff is not obligated to pay the insurance money to the Defendant.
1.2.2 Doescl, ..