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(영문) 대구지방법원 2019.05.15 2018나319588
보험금
Text

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.

Reasons

C. Around February 2017, the Defendant concluded a driver insurance contract (hereinafter “instant insurance contract”) with the Plaintiff as the insured and compensating for expenses incurred in appointing an attorney due to a motor vehicle accident (hereinafter “instant insurance contract”).

Of the terms and conditions of the instant insurance contract, the parts relating to the instant case are as follows.

*3.Special Terms and Conditions 3-2. Costs of Appointment of Attorneys-at-Law (For Drivers) Section 1(Grounds for Payment of Insurance Money) of the Special Terms and Conditions 3-2. The Company will pay to the Insured the actual costs of appointment of attorneys-at-law within the limit of the purchase amount of insurance under this Special Terms and Conditions, in case the Insured has been appointed to resolve the accident by making it difficult for him to inflict bodily injury on another person due to a sudden and remote motor vehicle accident during the period of insurance of this Special Terms and Conditions.

However, the insurance money shall not be paid if the insured is dissatisfied with the summary order of the court and has requested formal trial even though the summary indictment was filed by the prosecutor.

(4) The term "motor vehicle" in paragraph (1) means any passenger motor vehicle, bus, freight motor vehicle, special motor vehicle, two-wheeled motor vehicle, and dump truck as provided for in Article 2 (Supplementary Reference) of the Enforcement Rule of the Motor Vehicle Management Act, any dump truck as provided for in Article 2 (Supplementary Reference) of the Enforcement Decree of the Motor Vehicle Compensation Act, any dump truck, any type of portable machine, concrete compound truck, concrete pumps for truck loading type concrete pumps, truck loading style spraying machine, typ-type cuttinger, truck truck, road repair truck, surface measuring equipment (hereinafter referred to as "Class 9 construction equipment").

However, while Class 9 construction machinery is used as work machinery, it shall not be deemed a motor vehicle.

(5) The term "motor vehicle while driving" in paragraph (1) means that the insured boards the motor vehicle's seat regardless of whether it is a road, whether the motor vehicle stops or not, and whether the engine is operating.

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