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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. 1) The Plaintiff is a person engaged in construction machinery rental business under the trade name of “B,” and the Defendant is between the Plaintiff and the Plaintiff, and the Plaintiff’s mid-term season C (TF, hereinafter “instant mid-term season”).
As to the insurance period from May 7, 2015 to May 7, 2016, the term “business automobile insurance contract” (hereinafter referred to as “instant insurance contract”) with the insured, the Plaintiff, the collateral personal compensation I (the amount set forth in the Guarantee of Automobile Accident Compensation Act), the personal compensation II (unlimited), and the personal compensation (30 million won) (hereinafter referred to as “construction machinery automobile insurance contract”).
2) Of the terms and conditions of the instant insurance contract, the parts relating to the instant case are as follows.
Part II Automobile Insurance Clause 2, Section 2, Section 2, and Section 6, Section 2, Section 2, and Section 6, Section 2, an insurance company shall compensate for damages suffered by the insured from the loss of another person's property caused by an insured automobile accident that occurred while the insured owns, uses, and manages the insured automobile.
Article 8 (Non-Compensation Damages) (3) No compensation shall be made for any of the following damages:
2. A loss resulting from property owned, used and managed by the insured’s employer when the insured is engaged in his/her business (hereinafter “instant exemption clause”);
B. (1) On August 5, 2015, the Plaintiff is a E Co., Ltd. located in Yongsan-gu Seoul Metropolitan Government D (hereinafter “E”) around 07:30 on August 5, 2015.
(B) G racker F owned by the G racker (hereinafter referred to as “instant damaged vehicle”) in the course of performing excavation operations by operating the instant racker at the site of excavation operations.
) An accident that is destroyed (hereinafter referred to as “instant accident”)
(2) The Plaintiff incurred the same year from August 31, 2015 to F as damages for damaged vehicles.
9.25. On three occasions by the 25.25.