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(영문) 서울고등법원 2015.04.16 2014나2031217

채무부존재확인

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 30, 2013, the Plaintiff entered into a business liability insurance contract with the Seoul Olympic Sports Promotion Foundation (hereinafter “Sports Promotion Foundation”) listed in the attached Table as the insured (hereinafter “instant insurance contract”).

B. Of the general terms and conditions of the instant insurance contract and the special terms and conditions of the facility owner manager, the parts relating to the instant case are as follows.

Article 10 (Compensation for Loss) of the General Terms and Conditions (Liability) The following damages suffered by the insured (person insured) from bearing legal liability to the victim due to an insured event described in the Special Terms and Conditions, which occurred during the insurance period, within the coverage area stipulated in the Insurance Policy (Insurance Policy).

1. In the event that the insured (insured) is liable for damage under the Act that is liable for payment to the victim (the resolution of the company against the claim for damage) (1) the insured (insured) is liable for damage to the victim, the victim may directly claim for payment of the insurance money to the company to the extent that the company is liable for payment to the insured (insured) in accordance with the terms and conditions.

However, the company may set up against the victim a defense which the insured (the insured) has in connection with the accident.

Article 1(accident) of the General Terms and Conditions for Business Liability Insurance to be compensated by the Company under this Special Terms and Conditions for the Manager of Facilities refers to any accident arising from the performance of duties under the ownership, use or management of facilities and the use of such facilities owned, used or managed by the Insured (Subject to Insurance) as follows:

C. On May 22, 2013, the Defendant: “The instant event” held by the Sports Promotion Foundation (hereinafter “EFFFFF) “EN”) and held by the Red Sea Bicycle Class in 2013.

(b).