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(영문) 서울중앙지방법원 2017.02.10 2014가단231550

보험금

Text

1. The Defendant’s KRW 31,354,051 as well as the Plaintiff’s annual rate from August 4, 2013 to February 10, 2017.

Reasons

1. Facts of recognition;

A. On June 1, 2013, the Plaintiff entered into a teaching agreement with the C clubs located in Ansan-si B (hereinafter “instant club”) to receive a riding course of 20 million won for tuition fees (hereinafter “instant agreement”).

B. On October 2012, the Defendant entered into a compensation insurance contract for sports facility business entities (hereinafter “instant insurance contract”) with the instant club, the instant club, the insurance purpose of the instant club, and the insurance period from October 29, 2012 to October 29, 2013, the total amount of compensation limit of KRW 400 million, and the maximum amount of compensation per person shall be KRW 300 million.

The insurance clauses of the insurance contract of this case provide that the defendant shall compensate for losses sustained by the insured (insured) by bearing legal liability for damages due to the unexpected accidents arising from sports facilities owned, used, or managed by the insured (insured) and the use of such facilities during the insurance period.

C. On August 4, 2013, the Plaintiff, at the end of the horse riding course at the instant club hall on the same day on August 4, 2013, 2013, was aware of the body in order to get off the horse alone at around 17:0, several wheelss of the horse, and the end of the horse was frighted to the Plaintiff’s face, and the Plaintiff was injured by brain dust, light salt, etc.

(hereinafter “instant accident”). D.

The class of the instant club was conducted for about 40 to 50 minutes each time, and its co-owners provided guidance on horse riding skills meeting the level of the trainee, and the level of the trainee, like the Plaintiff, has been subsidized by the co-or club staff when the trainee is entering the horse.

Before the date of the instant accident, the Plaintiff was 12 times a total of 12 riding courses in the instant club, and thereafter was placed at the horse, the Plaintiff had the ability to look at the riding track.

[Ground of recognition] Facts without dispute, Gap evidence 7 to 9, Eul evidence 1 to 3, and arguments.