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(영문) 대전지방법원 2015.06.11 2014가단225929
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiff entered into the instant insurance contract with the Defendant by making the contractor and the insured as the Plaintiff, and by making the Defendant a non-dividend integrated insurance contract (hereinafter “instant insurance contract”).

B. The insurance period of the instant insurance contract is from June 14, 201 to June 14, 2057. The major coverage is a fine clause, a special clause for attorney-at-law fee for automobile accidents, and a special clause for loss in dealing with traffic accidents.

C. On July 1, 2013, at around 09:00, the Plaintiff: (a) felled in the C workplace located in Daejeon Seo-gu, Daejeon; (b) caused an accident where two workers die while working using a camera of D vehicles (hereinafter “instant accident”).

The plaintiff appointed a lawyer due to the instant accident and was tried by ordinary trial proceedings, and was sentenced to a fine of KRW 10,000 for negligence resulting from death by occupational negligence.

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred while driving an automobile, which was placed on the driver’s seat installed in the vehicle in order to use the string of the vehicle in accordance with the original usage of the vehicle, while driving or operating the vehicle. Therefore, the Defendant is obliged to pay to the Plaintiff KRW 10 million,00,000, which is the amount of the Plaintiff’s subscription to the special terms and conditions of the fine, and KRW 30,000,000,000, which is the amount of the attorney’s fee of the automobile accident, and KRW 60,000,000,000,000,000,000,000,000,000,000,

B. The damage to be compensated by the Defendant’s assertion under each of the above special terms refers to an automobile accident that occurred while driving a motor vehicle, and “in the course of driving a motor vehicle” refers to whether the motor vehicle is on the road, whether the motor vehicle stops or not, and the engine operates.

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