(영문) 창원지방법원마산지원 2015.01.16 2014가단12662

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(영문) 창원지방법원마산지원 2015.01.16 2014가단12662

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity engaged in insurance business, and the Defendant is the policyholder and the insured who entered into an automobile insurance contract (hereinafter “instant contract”) with the Plaintiff and the Defendant’s 25.5 tons dump trucks (hereinafter “instant truck”).

B. On August 12, 2014, the Defendant loaded aggregate on the instant truck in Gosung-gun, Jinnam-do, and loaded the instant truck at the Jinsan-si, Changwon-si, Jinsan-si, and found that there was more than a cover of the loading box in the process.

C. At around 10:30 on the same day, the Defendant: (a) stopped the instant truck on a road hole located 1km away from the loading place; and (b) confirmed a cover with the loading on the instant truck, the Defendant felled from the wind on which the cover was cut on his own; and (c) sustained the injury.

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1, 2, and 1; Gap evidence Nos. 3; the video and the purport of the whole pleadings.

2. Determination:

A. The Plaintiff’s cover cover of the truck of this case cannot be deemed as a cover installed by the Defendant at his discretion, which is a cover with the structure of the relevant vehicle, and since the accident occurred during loading or unloading, the accident of this case cannot be deemed as an accident that occurred during the operation of the vehicle. Thus, the accident of this case is not an accident that is secured by the contract of this case, and the Plaintiff is not obliged to pay insurance money to the Defendant due to the accident of this case.

B. The phrase "if the insured has sustained an injury due to an accident of an insured motor vehicle which occurred during the possession, use, or management of the insured motor vehicle" as stipulated in the judgment of the automobile insurance contract refers to the case where the insured has suffered an injury by being employed by the insured motor vehicle while it was owned, used, or managed by the insured motor vehicle in accordance with its usage, and

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