Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 29, 2014, the Plaintiff entered into an insurance contract with the Defendant for business use (hereinafter “instant insurance contract”) with the non-dividend horse driver insurance (Hi1406) with the content of the total subscription amount of KRW 5,000,000 per month from August 29, 2014 to August 29, 2024, the aggregate subscription amount of traffic injury, death, and post-accident disability ( drivers), KRW 20,000,000, the total subscription amount of traffic injury daily allowances ( drivers per day), and KRW 20,000,000, the daily average subscription amount for traffic injury.
B. On November 28, 2014, around 09:39, the Plaintiff was involved in an accident where a vehicle was shaking and shocked with a 25 ton of a dump truck, while unloading from the cump site B at the cump site (mination site) on November 28, 2014.
(hereinafter referred to as “instant accident”). C.
On the other hand, Article 7 (3) of the Insurance Terms and Conditions of this case does not pay insurance proceeds in any of the following cases without directly or indirectly asking for the cause other than paragraphs (1) and (2).
2.damages arising during the loading and unloading operations;
4. The term "damage caused by construction machinery or agricultural machinery for use as work machinery" shall be stipulated as "damage."
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 8, Eul evidence 1-5, Eul evidence 1-5, 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff first claims that the plaintiff was hospitalized for 77 days due to the accident of this case. Since the accident of this case occurred on the ordinary day, 200% of the insurance money should be paid, and in this case, the defendant is obligated to pay the insurance money to the plaintiff 9,080,000 won (=3,080,000 won per day of transport injury hospitalization (=7 days x 20,000 won x 200%) and damages for delay.
B. The defendant constitutes a ground that the accident of this case does not pay insurance money, and Article 7 (3) of the insurance clause of this case is applicable.