Text
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff A is the wife of the network D (hereinafter “the network”). The Plaintiff B and C are the offspring of the Deceased, and the Deceased was a son who left a F1.5 tons roll truck (hereinafter “the instant truck”).
B. On February 19, 2016, the Deceased concluded an insurance contract for which the Defendant and the instant truck receive KRW 100,000 (hereinafter “instant insurance contract”) upon setting the insured period from February 19, 2016 to February 19, 2017 for the death caused by a self-physical accident (hereinafter “instant insurance contract”).
The terms and conditions of the instant insurance contract are as follows.
Article 12 (Compensation for Damages) of the Terms and Conditions of the Insurance Contract of this case (Compensation for Damages) The Insurance Company is bound to compensate for damages caused by any of the following accidents, which occurred while the Insured owns, uses, or manages an insured motor vehicle:
1. An accident caused by the operation of the insured automobile;
2. The following accidents which occurred during the operation of the insured motor vehicle: Provided, That this shall apply only to the case where the insured is on board the insured motor vehicle.
(b) Fire or explosion;
C. On February 29, 2016, G Co., Ltd. and H (individual entrepreneur)’s employees in the plant located in G in G in Kimhae-si repair the loading box, closing, and closing of the truck of this case parked using an exchange clock connected to the subdivision, and the deceased, while the employees were engaged in work assistance in the surrounding areas, melting the truck of this case without exercising the function of blocking the hydrant by using the exchange clocket in an unreasonable way, and melting the strong flame to the metal dust, and thus, the deceased died on the spot by explosioning the fire.
(hereinafter “instant accident”). D.
The Plaintiffs demanded the Defendant to pay the insurance money under the instant insurance contract. On November 16, 2016, the Defendant operated the instant truck, which is an insured vehicle.