1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On April 18, 2015, the Plaintiff is an insurer that entered into an insurance contract in attached Form 2 (hereinafter “instant insurance contract”) with Defendant A with respect to the C Excavation searcher (hereinafter “TA”) owned by Defendant A, and Defendant B is the insured of the instant insurance contract and the husband of Defendant A.

B. At around 14:30 on November 30, 2015, Defendant B caused an accident where the wall part of the removed building was cut away from the wall and the parked vehicle was destroyed (hereinafter “instant accident”) at the adjacent parking lot in which the wall part was cut off while driving the instant digging pool at the site of D D redevelopment in Busan Dong-gu, Busan.

Section 2 of Section 2 of the content of the indemnification in Part II Automobile Insurance (personal Compensation II and Compensation for Damages) and Article 6 (Compensation for Damages) 2 of the Act on Real Compensation, an insurance company shall compensate for damages suffered by the insured from the removal of or damage to another person's property due to an insured motor vehicle accident that occurred while the insured owns, uses or manages the insured motor vehicle.

Article 8 (Non-Compensation for Loss; hereinafter referred to as “instant indemnity clause”) (3) Any of the following damages shall not be compensated for property damage:

14. Where an insured motor vehicle has been used or managed by the insured for performing construction works and has damaged underground cables, ductss or other underground facilities, or has caused the subsidence of the ground and the collapse or collapse of the building structures;

C. The content of the insurance terms applicable to the instant insurance contract is as follows.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. Whether this case’s exemption clause is incorporated into an insurance contract, and the Defendants’ assertion is made.