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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2, 2016, B entered into a contract with the Defendant for a farmers NH safety disaster insurance (hereinafter “instant insurance contract”) with the content that the Defendant and the insurance period from April 2, 2016 to April 2, 2017, the beneficiary B (legal heir at the time of death), the bereaved family’s benefits in cases of death due to an agricultural safety accident, the bereaved family’s benefits in KRW 50 million, and funeral expenses in KRW 1 million.
B. B, on April 25, 2016, while spraying powder with a pesticide spraying machine in C orchard on the Amyeong-si, Amyeong-si, 2016, he saw string and attempted to directly repair it, but he fell into a river on the same day that he was making a failure and a repair store, and died.
(hereinafter referred to as “instant accident”). C.
According to Article 3 of the terms and conditions of the insurance contract of this case, the term "agricultural safety disaster" means an accident in the course of agricultural work prescribed in attached Table 2, which falls under the disaster classification table (attached Table 3).
Detailed matters concerning the scope of agricultural works in attached Table 2 shall be as follows:
- Scope of agricultural works in attached Table 2 -
1. The term "agricultural work" means a work conducted for the purpose of agriculture, which falls under any one of the following items:
Work incidental to cultivating food crops, vegetables, vegetables, fruit products, fruit trees, fruit rooms, flowering plants, special purpose crops and medicinal herbs crops, milk crops, fodder crops, bio-energy crops, seeds and seedlings, mulberry trees, and ornamental water trees.
2. The term "work" referred to in subparagraph 1 means any of the following:
Movement of agricultural machinery between residential and agricultural places of work (including cases where the insured is aboard the agricultural machinery of another person, and the term "agricultural machinery" means machinery equipped with power equipment, such as caters, maintenance machinery, and power enhancement machinery, and other agricultural machinery as defined in Article 2 subparagraph 1 of the Agricultural Mechanization Promotion Act)
(b) agricultural transportation operations between dwelling and agricultural workshops and shippers, provided that the term “transport operations” means handts;