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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the comprehensive and special cargo lending business, mid-term contract, lending business, etc., and is the owner of B mid-term equipment (hereinafter “instant sea vehicle”).
B. On September 12, 2014, the Plaintiff entered into a construction machinery automobile insurance contract with the Defendant with the registered insured as the Plaintiff and with the limit of the amount of insurance coverage for physical damage compensation of KRW 100,000 (hereinafter “instant insurance contract”). The terms and conditions of the said insurance contract provide the following:
Article 6 (Compensation) (2) In physical compensation, an insurance company shall compensate for any loss sustained by the insured from removing or damaging another person's property due to an insured motor vehicle accident that occurred while the insured owns, uses, or manages the insured motor vehicle.
Article 7 (The Insured) The term "the Insured" in the personal compensation 2 and the personal compensation 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 (Compensation not Paid) (3) Any of the following damages shall not be compensated for the substitute property:
1. Losses incurred in property owned, used or managed by the insured or his/her parents, spouse or children (where the insured is a juristic person, including property owned, used or managed by the directors, auditors or their parents, spouses and 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. The plaintiff.