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(영문) 서울서부지방법원 2020.10.27 2019가단229724

손해배상(기)

Text

1. The Defendant: (a) KRW 3,843,085 for Plaintiff A; (b) KRW 11,89,621 for Plaintiff B; and (c) from July 12, 2019 to October 13, 2020 for each of them.

Reasons

1. Basic facts

A. The Defendant is an insurer who entered into a water-related leisure insurance contract with D organizations on October 30, 2018 (hereinafter “instant insurance contract”). The important part of the content of the instant insurance contract is as follows:

(A) The “company” is the Defendant, the “insured” is a D organization.

B. On October 21, 2018, at around 1:00, the Plaintiffs entered the team leader of the E affiliated FF from the E’s indoors operated by the D organization with large difficulties, and the Plaintiff suffered pictures on the bridge (hereinafter “instant accident”). In addition, the Plaintiff’s occurrence of an accident involving the Plaintiff’s video-related injury, which came to go beyond the above column due to the brucism.

C. In the instant accident, Plaintiff A suffered 2-C images from the shot shot, and Plaintiff B suffered shot shot shots and low shot shots on the left-hand shots.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above recognition facts, D organization is liable for damages suffered by the plaintiffs due to the instant accident caused by negligence in ownership, use, or management of E which is a water leisure craft, and the defendant, the insurer, is liable to pay insurance money equivalent to the amount of damages in response to the plaintiffs' direct claims.

B. Where a victim who has received insurance benefits pursuant to the National Health Insurance Act provides a claim for damages against a third party who is the perpetrator, if there is a part of the victim's liability, the amount of damages corresponding to the cost of treatment shall be determined by deducting insurance benefits (the amount equivalent to the Corporation's charges) from the total treatment expenses calculated first (the sum of the Corporation's charges and the principal's charges), and then deducting the amount of

(1) Plaintiff A (see, e.g., Supreme Court Decision 2010Da13732, Jul. 8, 2010). (1) Plaintiff A (1): G 1,80,986 won (the principal charge of KRW 1,646,00, KRW 154,986), H Hospital 570,920 won (the principal charge of KRW 317,680, KRW 25,240) in a hospital (the principal charge of KRW 317,680) = 2,371.