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(영문) 서울남부지방법원 2015.07.17 2015나51369
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. The reasoning of this court's explanation is as follows: (a) the entry of the first instance court's decision is the same as the entry of the first instance court's decision in addition to the application of the fifth, seventh, and seventeenth, of the fifth, the first instance court's decision; and (b) therefore, (c) the same shall be cited in accordance with the main sentence

2. Examining the following circumstances in light of the part used in the instant insurance contract, the instant car cannot be deemed as a transportation agency under Article 1(1) of the traffic disaster classification table of the instant insurance contract terms and conditions, and the Plaintiff’s primary assertion is without merit.

① Article 2(1)1 of the Construction Machinery Management Act and attached Table 2(1)1 of the Enforcement Decree of the same Act are “those with a savout system and a steering seat,” and in light of such contents, it is reasonable to deem that the forking vehicle is an institution that mainly aims to enter or unload the original object, and even if the forking or unloading part of its functions are performed, it constitutes an incidental function of the forking vehicle.

② In light of the fact that the traffic disaster classification table of the instant insurance contract is divided into transport agencies and similar transport agencies, and the other transport agencies listed in the table of traffic disaster classification of the instant insurance contract terms are included only in the construction machinery as defined in the attached Table 1 of Article 2 of the Enforcement Decree of the Construction Machinery Management Act, and that in the case of trucks, unlike other construction machinery, the transport agencies and similar transport agencies in the traffic disaster classification table of the instant insurance contract are the main function of transporting goods, it is reasonable to view that the traffic disaster classification table of the instant insurance contract is classified according to whether the transport disaster classification table of the instant

③ Meanwhile, the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”) protects victims of traffic accidents and prevents social loss.

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