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1. Regarding the accident that Nonparty D, around May 27, 2013, felled into the neighboring rivers of the Gangseo-gun, Suwon-gun and died.
Reasons
1. Basic facts
A. On February 2, 2013, the Plaintiff entered into a comprehensive insurance contract for FJ trucks (hereinafter “instant truck”) with D, and entered into a special agreement for securing “automobile injury” (where the insured owns, uses, and manages the insured motor vehicle, compensation for damage incurred by the death or injury) to receive KRW 100 million at the time of the death of the insured motor vehicle).
B. Around 22:00 on May 27, 2013, D completed a meeting at a nearby G restaurant, and operated the instant cargo vehicle to move to a village 20 meters in front of the house located in Gangseo-gun E. At around 22:30, Defendant A discovered that D (hereinafter “the instant fall”) was down on the river floor (hereinafter “the instant fall accident”), and sent back to the hospital, but died of serious brain damage around 07:56 on the following day.
C. Defendant A is the deceased’s wife, Defendant B and C are children.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, Eul evidence Nos. 1, 2, 3 and 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. Legal principles and issues (1) The phrase “if the insured sustains an injury due to an accident of an insured automobile which occurred during the possession, use, or management of the insured automobile” as stipulated in the automobile insurance contract refers to the case where the insured suffers an injury by taking the insured automobile under his/her possession, use, or management in accordance with the method of use. In this case, the use of the automobile in accordance with the method refers to the use of various devices installed in the structure according to the purpose of the vehicle according to its use for each device, and even if the automobile is not in the state of driving, it is door at the front and rear stage of driving.