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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 owned B tent (construction machinery without track type; hereinafter “the instant tent”) and engaged in construction machinery rental business with the trade name “C”.
B. On October 7, 2011, the Plaintiff concluded an insurance contract with the Defendant for the “Business Use (Construction Machinery Automobile Insurance)” (hereinafter “instant insurance contract”) with the content that guarantees the liability to compensate for damages arising from the operation of the instant tent.
Article 8 (3) 6 (hereinafter “instant exemption clause”) of Part II (Liability) Section 2 (Liability) of the Terms and Conditions and Article 8 (Liability No. 2) of the General Terms and Conditions (Liability No. 2) (Liability No. 2) (Liability No. 2) (Liability No. 3) (hereinafter “instant exemption clause”) provides the following.
If an insured motor vehicle is damaged by underground cables, ductss, or other underground facilities while being used or managed by the insured for the execution of construction works, or the damage caused by the subsidence of the ground and the collapse or collapse of a building structure shall not be compensated by the Water Compensation Act.
C. Around 14:00 on October 11, 2012, Plaintiff (A driverD) was engaged in the work of drilling the hole into the ground by the instant ceiling air at the site of the reconstruction work in Gangseo-gu Seoul, Gangnam-gu, Seoul (hereinafter “instant accident”). Around October 14, 2012, there was an accident where the instant ceiling air was used at the right side, and part of the ceiling air was cut off, and the body part of which was used by Plaintiff (hereinafter “instant accident”). D.
Then, in the case of claim for damages between the Plaintiff and the KSD Co., Ltd. (hereinafter “this case”), the Seoul Southern District Court 2012 Gohap103999 (the principal lawsuit), and in the case of claim for damages (hereinafter “related case”), on the ground that “the Plaintiff bears 50% of the liability for damages concerning the instant vehicle due to the instant accident,” “the Plaintiff bears 55,904,500 = 500.