1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 with respect to the accident described in the attached Table No. 1.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Defendant listed in attached Table 2 (hereinafter “instant insurance contract”).

B. At around 15:00 on September 20, 2016, B, an employee of the Defendant, driven a locker A owned by the Defendant, thereby damaging colon trees (hereinafter “instant trees”) located on the D site located in Daejeon Sung-gu Daejeon U.S. C. (hereinafter “instant trees”).

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

On September 23, 2016, the Defendant claimed insurance proceeds from the instant accident to the Plaintiff.

[Based on the recognition] entry of Gap evidence No. 1, Gap evidence No. 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident in this case occurred intentionally by the defendant's employee who is the insured, and thus, the plaintiff does not have an obligation to pay insurance money to the defendant because it falls under the grounds for exemption under Article 659 (1) of the Commercial Act or the insurance contract in this case. 2) The defendant asserts that the accident in this case constitutes an insurance accident guaranteed by the insurance

B. According to Article 659(1) of the Commercial Act, an insurer is not liable to pay the insured amount if an insured incident was caused intentionally by the insured.

On the other hand, the term "accident caused by the intention of the insured" refers to the psychological condition of the insured even though he knows that a certain result would arise by his act, which includes not only a conclusive intention but also a dolusent intention. In the absence of direct evidence to acknowledge it, if the intention of deliberation such as the intention is not proven by the method of proving indirect facts that have a substantial relation with the intention due to the nature of the object, and what constitutes an indirect fact that has a considerable relation, it shall be reasonably determined by logical and empirical rules.