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(영문) 서울고등법원 2019.07.24 2018나2073677
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where the following is added to the text of the judgment of the first instance, thereby citing it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Under the 17th sentence of the first instance judgment, the following contents are added to the cargo vehicle: ③ even if the cargo vehicle management at the time of the accident in this case was used in accordance with the cargo vehicle usage method, the possibility of the accident in this case can not be ruled out regardless of the nature or risk of the cargo vehicle transport means, such as in a case where the deceased lost consciousness as a result of the death or physical internal problems, unless there is any evidence to clearly identify the cause beyond the deceased. ④ The term “management” under Article 2(2)2 of the current Guarantee of Automobile Accident Compensation Act refers to the act of maintaining and repairing appropriate functions to prevent the occurrence of safety risks caused by the cargo vehicle or its unique device. Even if the cargo vehicle management act was conducted at the time of the accident in this case, the causal relationship between the management act and the deceased’s fall is not clear, and even if the plaintiffs claimed additional insurance money in accordance with the first sentence sentence of the first instance judgment, the cargo vehicle management act can not be deemed as falling under the management of the cargo vehicle and the cargo vehicle insurance contract of this case.

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