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(영문) 서울남부지방법원 2016.05.20 2015나57503
보험금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On October 7, 201, the Plaintiff engaged in construction machinery rental business under the trade name “C” concluded an insurance contract (hereinafter “instant insurance contract”) with the Defendant, an insurance company, and with respect to B,00 air owned by the Plaintiff (hereinafter “the instant astronomical air”), with respect to the insurance period from November 11, 201 to October 24:00, the insurance period from October 11, 201, and the Plaintiff, the insured, and the Plaintiff’s insurance premium of KRW 703,480.

B. Article 6 (Damage II and Substitute Compensation) Section 2 of the General Terms and Conditions as to the instant insurance contract provides for in Part II Automobile Insurance (Compensation for Damages) (2) of the General Terms and Conditions as to the instant insurance contract. The insurance company shall compensate for damages arising from the removal or damage of another person’s property due to an insured motor vehicle accident that occurred while the insured owns, uses, or manages the insured motor vehicle, as a result of the insured motor vehicle’s loss.

Article 8 (Non-Compensation; hereinafter referred to as “instant exemption clause”) (3) Any of the following damages shall not be compensated for property damage:

2. A loss resulting from property owned, used, or managed by the insured's employer when the insured is engaged in his/her business;

6. Where an insured motor vehicle has been used or managed by the insured for performing construction works and has damaged underground cables, ductss or other underground facilities, or has caused the subsidence of the ground and the collapse or collapse of the building structures;

C. (1) On September 2012, the Plaintiff was awarded a subcontract for the Daisdi Co., Ltd. (hereinafter “Daisdi”) for the Daisdi Corporation and CIP (hereinafter “instant construction”) among the earth works implemented at the site of the reconstruction project in Gangseo-gu Seoul Northern District E.

(2) D, which is the Plaintiff’s equipment engineer, was put into the construction site of this case at around 14:00 on October 11, 2012.

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