채무부존재확인
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.
2. The part concerning the principal lawsuit among the costs of appeal.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A is a person who establishes, manages, and provides the play equipment (in the case of an outdoor type, the outdoor type is the type of a photographic image; hereinafter the “instant play equipment”) to users while operating a “D” computer game room in North Korea-gu, Posco at the port of port C.
B. The Plaintiff is an insurer who entered into an insurance contract with A with respect to the instant play equipment (hereinafter “instant insurance contract”) as indicated in the attached insurance contract.
Of the terms and conditions of the instant insurance contract (hereinafter “instant special terms and conditions”), the instant provisions are as follows.
Liability of the owner (manager) of the facility (other than fire and explosion) special terms and conditions
1. During the insurance period of this Special Terms, the Company shall be bound to compensate for any loss incurred by the Insured's physical disability (referring to physical injury, disease, and death resulting therefrom) or by causing another person's property to be damaged by any unexpected accident arising from his/her possession, use, or management of facilities and from the use of such facilities as stated in the insurance policy, or by causing another person's property to be damaged by any legal liability (referring to liability under the provisions of the law, but excluding liability aggravated than that under the provisions of the contract).
2.A company which does not pay insurance proceeds shall not compensate for any loss caused by the following:
(13) The insured worker shall be liable to compensate for the physical disability suffered by his/her worker who is engaged in the business of the insured.
C. At around 20:00 on June 12, 2014, Defendant B used the instant play equipment and got out of the exit stairs attached to the instant play equipment (hereinafter “instant stairs”) and was sleeped, Defendant B suffered minculation and cutting down inside the pipe of the uppermost top on the left side.
(hereinafter “instant accident”). D.
A on July 2, 2014, “Defendant B.” to the Plaintiff.