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(영문) 부산지방법원 2015.05.22 2014나47273
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

1. Basic facts

A. On February 4, 2013, the Plaintiff concluded a driver insurance contract (the so-called “the so-called “the so-called “the instant insurance contract”) with the Defendant to ensure the rear disability of traffic accidents, traffic injury, death, fine, attorney-at-law appointment expenses, cancellation of license insurance money, daily allowance for license suspension, etc. with respect to the vehicle accident while driving a motor vehicle from February 4, 2013 to February 4, 2028.

B. On April 18, 2013, at around 10:10, the Plaintiff, at the construction site of the PC protection wall installed at a point of 1.1km away from the branch line of the Central Highway at the Seognam-si, Kimhae-si, Seoul Metropolitan City (hereinafter “accidentd vehicle”), brought about approximately KRW 748 km and approximately 2.3 tons of the PC protection wall (C block) to the installation site, while moving out about 2.3 tons of the PC protection wall (C block) to the installation site, the excess weight was damaged, and the boom booms down to the ground and the boom boomed to the following work, and eventually C died due to diversified long-term damage, etc.

(hereinafter “instant accident”). C.

On November 4, 2013, the Plaintiff issued a summary order of KRW 5,000,00 for occupational negligence and death, etc. on November 4, 2013, the Changwon District Court 2013 Gowon District Court Decision 78888, and paid the said fine on November 27, 2013.

The contents of the special terms and conditions related to fines (hereinafter “instant terms and conditions”) among the instant insurance contracts are as shown in the attached Form.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, and Eul evidence 2 through 4 (if any, including a branch number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. The plaintiff's assertion

A. When the contents of the insurance terms are ambiguous or unclear, the interpretation of the terms and conditions should be interpreted in favor of the insured. As to the exemption clause, it is necessary to strictly interpret the exemption clause in accordance with the principle of reduction and interpretation, the meaning of “in the course of operation” of the instant terms and conditions.

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