구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. A (the mother of B) concluded with the Plaintiff an insurance contract for children’s insurance and non-distribution Apoper’s security (hereinafter “instant insurance contract”) with the Plaintiff as the insured.
B. At around 1:25 on June 23, 2014, C, who was enrolled in the fourth grade of the ero-dong elementary school located in the Yellow Sea-gu, Changwon-gu, Changwon-si, was subject to an accident where he was fluorous with the other half of the Do, while holding a fluorous game with the same half of the fluor in the direction of a sports teacher at indoor gymnasiums. (hereinafter “instant accident”).
C Due to the above accident, C suffered from injury to the middle right-hand sacratization and sacratitis.
C. Division C and C filed a lawsuit against the Plaintiff seeking insurance money equivalent to the amount of damages caused by the instant accident against the Changwon District Court Decision 2016Kadan106806.
On September 27, 2016, the above court recognized C’s negligence as 20% and sentenced C to “the Plaintiff shall pay C the amount calculated by applying 5% per annum from June 23, 2014 to September 27, 2016, and 15% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on October 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3 to 8, the purport of the whole pleadings
2. Claim against the defendant Sejong-do;
A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the negligence in B, but it was negligent in giving guidance and supervision to the head of the ero-dong elementary school, the head of the school, or the guidance teachers so that safety accidents do not occur in the course of conducting flabing games during the flabing hours.
Therefore, the liability for damages under Article 2 of the State Compensation Act is recognized even the defendant Sejong-do.
On behalf of the insured Party B, the Plaintiff is the victim C and C's father.