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(영문) 대전지방법원 2017.12.15 2017나108682
보험금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence 1 to 4, 6, Eul evidence 1 and 2, or the entire arguments and arguments:

On February 5, 2013, the Plaintiff’s spouse B entered into an insurance contract between the Defendant, an insurance company, with the Plaintiff, the insured, and the insurance period from February 5, 2013 to February 5, 2023, which covers the Plaintiff’s loss caused by an accident during driving.

(hereinafter “instant insurance contract”). B.

On July 22, 2016, around 16:30, the Plaintiff, at the construction site of the “D”, driven a Edump truck (hereinafter “instant dump truck”) located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, and went back to the construction site, had the network F, which was working at the construction site, shocked with the back wheels, and accordingly, the Plaintiff died.

(hereinafter “instant accident”). C.

On July 22, 2016, the date of the instant accident, the Plaintiff was charged with violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Chungcheongnamsan Police Station.

On November 11, 2016, the Plaintiff paid KRW 30,000,00 to the deceased F’s heirs.

Meanwhile, Article 1(1) of the instant insurance contract (hereinafter “instant insurance contract”) provides that where the insured has caused the death of another person due to a traffic accident during the insurance period, the Defendant shall pay the amount paid by the insured as a criminal agreement payment to the insured as a subsidy for traffic accident settlement. Article 1(3) of the Enforcement Decree of the Automobile Management Act provides that the term “automobile” means a passenger automobile, bus, bus, truck, special automobile, and dump truck, dump truck, typ truck, concrete mixed truck, truck loading concrete pumps as stipulated in Article 2 of the Enforcement Decree of the Automobile Management Act.

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