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1. On April 23, 2015, at the Defendant’s workplace located in Boan-si, the Plaintiff’s accident involving D’s transition of D’s mid-term period.
Reasons
1. Basic facts
A. The Plaintiff concluded a business-use automobile insurance contract (hereinafter “instant insurance contract”) with respect to D key equipment, which is 25 tons of business owned by E and E, with respect to D key equipment (hereinafter “instant key equipment”), with the insured period from August 17, 2014 to August 17, 2015, and with the limit of physical damage KRW 100 million per accident (hereinafter “instant key equipment”).
B. The main contents of the insurance clause applicable to the instant insurance contract (hereinafter “instant insurance clause”) are as follows.
The term "insured" in Article 7 (insured) Section II and the "Real Estate Compensation Act means any of the following persons:
1. Insured insured persons;
2. Relatives insured;
3. The Insured.
However, if a motor vehicle operator uses or manages an insured motor vehicle entrusted in the course of its business, it shall not be deemed the insured.
4. Insured employees.
5. An insured driver;
However, if a motor vehicle operator uses or manages an insured motor vehicle entrusted in the course of its business, it shall not be deemed the insured.
Article 8 (Non-Compensation for Loss) (3) Any of the following damages shall not be compensated by the Compensation for Substitute Property Act:
1. Damage incurred in property owned, used or managed by the insured or his/her parents, spouse or children;
2. A loss resulting from property owned, used, or managed by the insured's employer when the insured is engaged in his/her business;
C. On March 20, 2015, E entered into a equipment lease agreement with the Defendant (hereinafter “instant lease agreement”) and sent F, a mid-term engineer E employed by the Defendant, to the Defendant’s workplace located in Boan-si. The key contents of the instant lease agreement are as follows.
Article 11 (Safety Management) (1) During the contract period, a mid-term pilot shall be managed under the responsibility of the defendant, and he/she shall comply with the defendant's work instruction.
(2) The defendant shall be within the contract period.