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 June 27, 2011, with respect to an accident that occurred while driving a motor vehicle, the Plaintiff entered into a contract with the Defendant, stating that the Plaintiff’s insured, the insurance period from June 27, 2011 to June 27, 2026, including the attorney’s fee of KRW 5 million and the subsidy of KRW 30 million for dealing with traffic accident (hereinafter “instant insurance”).

B. On September 4, 2012, around 13:10 on September 4, 2012, the Plaintiff: (a) while he was carrying a timber that is likely to be loaded in the vehicle involved in the accident by steering knife with the steering knife between the driver’s seat and the loaded knife of the FF vehicle (hereinafter “accidentd vehicle”) at the construction site of the E-building in the front city, the Plaintiff died due to a multiple prolonged electric power plant, etc., while the vehicle involved in the accident lost its center and was cut back, and loaded on a knife, which was used on the floor and covered by the timber above.

(hereinafter referred to as “instant accident”). C.

On July 25, 2013, the Plaintiff was sentenced to two years of suspended execution on July 25, 2013 due to the instant accident, and the judgment became final and conclusive as it is.

In the criminal trial process, the Plaintiff agreed to appoint a lawyer (5 million won for appointment) and to pay 30 million won to the bereaved family members of C on May 20, 2013.

In the instant insurance contract, the terms and conditions of the special terms and conditions related to attorney-at-law appointment costs and traffic accident settlement subsidies (hereinafter referred to as “instant terms and conditions”) are as shown in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 11 and the purport of the whole pleadings

2. The plaintiff's assertion

A. The meaning of “in the course of operation” of the instant contract ought to be deemed as “operation” under the Guarantee of Automobile Accident Compensation Act.

Therefore, the instant accident constitutes “accident while driving a motor vehicle” and the Defendant constitutes the Plaintiff.