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(영문) 부산지방법원동부지원 2017.12.19 2015가단215559

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is Plaintiff B and C’s children.

B. On April 14, 2010, the Defendant and D concluded an insurance contract with D and the insurance period from April 14, 2010 to April 14, 2010, with the term “non-payment pro rata Health Insurance 1004 years old,” and among them, the main contents of the “liability for only the child” clause (hereinafter “instant special clause”) are as follows.

1. The defendant shall be bound to compensate for losses sustained by the insured or the legal supervisor of the insured under Article 755 of the Civil Act by causing physical harm to another person due to an accident listed below during the insurance period, due to the legal liability of the insured or the legal supervisor of the insured under this special terms and conditions:

(2) An accident that happens due to the daily life of the insured.

4. The defendant shall not pay any loss caused by his/her liability for compensation for any of the following causes:

(1) The contractor or the insured’s intentional act shall not be compensated for any loss sustained by the Defendant due to the following causes:

6. Liability to compensate for damages due to assaults or sacitys according to the direction of the insured or the insured 11. When there is an accident for which the insured is liable to compensate for damages to the injured party, the injured party may directly claim payment of the insurance money to the accused to the extent that the defendant is liable to pay to the insured in accordance with this

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

다. 원고 A와 D은 부산 남구 대연동에 있는 석포초등학교의 동창생으로, 2013. 5. 13. 원고 A가 D에게 뚱뚱하다고 놀리자, D은 손에 들고 있던 줄넘기를 원고 A를 향해 휘둘렀고,...

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