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(영문) 의정부지방법원 2020.02.19 2019가단117712

보험금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. Around September 2016, the Plaintiff, who obtained a hunting license from the head of the Gyeonggi-do Si/Gun, entered into a hunting insurance contract with the Defendant, an insurance company, and the Plaintiff’s liability to compensate for damage to another person’s life, body, or property due to hunting, within the limit of KRW 100,000 for the personal accident and KRW 30,000 for the heavy accident, and entered into a hunting insurance contract with the Defendant to compensate for the injury within the limit of KRW 29,94 for the additional premium and KRW 30,000 for the heavy accident, together with a special agreement on the aftermath disability with the insurance amount of KRW 30,00,000 for

(hereinafter “this case’s insurance contract”). With respect to the special agreement for disability after death, Article 3 of the above insurance contract provides that “In the event the insured dies as a direct result of the injury suffered during hunting, the amount of insurance coverage shall be the death insurance amount, and in the event the insured becomes a disability corresponding to each disability payment rate prescribed in the Disability Classification Table, the amount calculated by multiplying the insurance amount by the disability payment rate (5% to 100%) shall be paid as the insurance amount for the remaining disability.”

B. On July 31, 2017, the Plaintiff laid a bridge against wild boar pigs while engaged in the capture of harmful wild fauna and flora with permission from the head of a Gun.

(hereinafter “instant accident”). The Plaintiff received treatment for a considerable period of time due to the instant accident by suffering from “assort in the heart”, etc.

[Grounds for recognition] Gap 1-6 evidence, Eul 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion sustained damages equivalent to KRW 34,372,403 ( KRW 9,212,604 for future medical expenses of KRW 16,00,00 for future medical expenses of KRW 4,159,79 for consolation money of KRW 5,00,00 for consolation money of KRW 16,00 for future medical expenses) due to the instant accident that constitutes an accident in the course of hunting.

Therefore, according to the insurance contract of this case, the defendant is obligated to pay the plaintiff the above KRW 34,372,403 with insurance money.

(b) Article 51 of the Wildlife Protection and Management Act shall be applicable.