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(영문) 대구지방법원 2019.07.19 2018가단142336
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2017, the Plaintiff entered into the instant insurance contract with the Defendant for Dump 15 tons of truck owned by the Plaintiff’s spouse (hereinafter “instant truck”) as C, and concluded the automobile insurance contract with the insurance period from September 18, 2017 to September 18, 2018, and agreed to receive insurance proceeds at the time of death during the self-physical accident as KRW 100 million.

The automobile insurance clause to be applied to the above insurance contract provides, with regard to self-physical accidents, “An insurance company shall compensate for losses incurred by the death or injury caused by an accident caused by the operation of an insured motor vehicle which occurred while the insured owns, uses, and manages the insured motor vehicle.”

B. On October 14, 2017, around 06:30 on October 14, 2017, C was cut off the front part of the truck, such as the main set, while the starting dong of the instant truck was flicked. However, immediately after the borrower and personnel management of the vehicle parked on the front of the instant truck, C was flicked on the floor and was flicked on the floor.

After finding the borrower of the vehicle above, he immediately reported it to the fire station and sent it to the medical institution, but C died at around 16:47 on the same day, which was the direct owner, and the direct owner was the “drafing softening.”

C. The heir of the inheritance-related net C (hereinafter “the deceased”) had the Plaintiff, the spouse, and F, G, and H, who are his/her children. On April 4, 2019, the Plaintiff entered into an agreement on the division of inherited property solely to inherit the insurance proceeds from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s instant accident is a fronter, leaving a truck trial platform to ensure the safe operation of the instant truck.

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