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(영문) 서울고등법원 2016.01.29 2015나2034909

공제급여 지급 청구

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry in Gap evidence 1-1-2, Gap evidence 2-5, Gap evidence 6-1-3, Gap evidence 7-9, Eul evidence 4, Eul evidence 16, Eul evidence 23.

1) At the time of November 21, 2012, Plaintiff A was a student in the first grade of E High School located in E High School in Ha in Hasungsung City at the time of November 21, 2012, and Plaintiff B and C was the parent of Plaintiff A, and Plaintiff D was the births of Plaintiff A. 2) The Defendant is a corporation established to conduct a mutual aid project for school safety accident compensation, which is the principal of various levels of accidents, such as kindergartens, elementary schools, and high schools in Gyeonggi-do, including E High Schools, as the insured.

B. On November 21, 2012, Plaintiff A, at around 13:00, sent to Ehigh School 1’s first-class and fifth grade classes, sent to the front of the classroom with the E High School 1-class F and the front of the classroom, respectively, and came to have an approach to each other. The Plaintiff A, with a height of F, approaching the two arms at the speed of crossing the two arms on the chest in the direction where F and they came to walk to the chest, approaching the two arms by taking the same attitude corresponding thereto, and eventually two persons eventually conflict with each other. Plaintiff A, going to go beyond a close to F and was faced with in the open door of the parts after the classroom (hereinafter “instant accident”).

2) The Plaintiff A, after the instant accident, was able to take part in the classroom with F’s axis, but the clothes continued. On the same day, Plaintiff A was diagnosed as “foreign influence” as a result of a medical examination conducted by visiting Tol University Spans Hospital, and was immediately subject to a completely controlling operation of the brush.

C. On December 21, 2012, Plaintiff A requested and returned disability benefits. The instant accident occurred from the Defendant.