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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.
Reasons
1. Facts of recognition;
A. The Defendant is an insurer who purchased a personal automobile insurance with the insurance period from March 22, 2011 to March 22, 2012 for B dump trucks under the name of A (hereinafter “instant vehicle”).
B. Around September 2, 2011, the instant vehicle was driven by C and operated near the oil station located in Kimhae-si, while driving the instant vehicle, and there was a traffic accident that shocks hand carriers owned by the Plaintiff on the wind to avoid the vehicle (hereinafter “instant accident”), and the Plaintiff spent KRW 47,464,810 for the restoration of telegraph poles and power distribution lines.
[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
2. Determination as to the cause of claim
A. The plaintiff asserts that the plaintiff is the insurer of the accident caused by the vehicle of this case by the victim's direct right to claim compensation for the plaintiff's damage, and the defendant asserts that since the accident of this case occurred under the condition that A, a policyholder, already sold the vehicle of this case to another party and lost its operation control over the vehicle of this case, the defendant has no obligation to pay the insurance money.
B. Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake" means a person who can be deemed to be in the position of an entity responsible for controlling the operation of the automobile in question and enjoying the benefit therefrom by social norms. In this case, the control of operation shall not be limited to the actual control, but it shall also include cases where it can be deemed that there is a possibility of indirect control or control.
In addition, when a motor vehicle is entrusted for sale and purchase, the truster, etc. shall interfere with, control and manage the vehicle operation by social norms by examining the substantial relationship between the parties.