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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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except that the part of the "B. Judgment" under Article 420 of the Civil Procedure Act citing the reasoning of the judgment of the court of first instance as follows.
“When the insured person suffers an injury due to an accident of an insured motor vehicle which occurred during the possession, use, or management of the insured motor vehicle” under the Automobile Insurance Contract refers to the case where the insured person suffers an injury by taking advantage of the insured motor vehicle under the method of its use. In this case, the use of the motor vehicle according to the method of its use refers to the use of various devices installed in the structure according to the purpose of the motor vehicle according to the purpose of its use. Even if the motor vehicle is not in the state of driving, it includes the use of various auxiliary devices such as opening a door at the front and rear stage of driving (see, e.g., Supreme Court Decision 2008Da59834, 59841, Feb. 26, 2009). On the other hand, if the motor vehicle is not in the state of driving, it shall be deemed that there is a direct cause for the accident other than the device of the motor vehicle in question, or if it is used temporarily for any other purpose other than the method of its use.
(See Supreme Court Decision 208Da86454 Decided February 26, 2009, etc.). 2 comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 of evidence Nos. 1 and 12-1, 2, and 6 of evidence Nos. 12-2 of this case and the overall purport of each images and arguments of evidence Nos. 6 of this case, the side of the instant vehicle is on the surface of the instant vehicle, where a steel agents are attached to be installed for the purpose of cutting off the floor from the floor to the park, and the Plaintiff is attached to the instant vehicle.