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(영문) 광주지방법원 2015.08.19 2015가단512291
양수금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of premise;

A. C and network D (hereinafter “the network”) are students enrolled in the first grade of F Middle School in Seo-gu, Gwangju at the time of May 13, 2013.

B. On May 13, 2013, the Deceased, who was in the first and seventh grade session, was divided into a friendly G and a fluorous G between the first and the sixth grade in the F Middle School on May 13, 2013.

그런데 1학년 6반이던 C이 6반 교실에서 나오면서 망인을 주먹으로 툭 쳤고 이에 망인이 C에게 “그만해라”라고 말하며 C의 어깨를 밀었다.

Therefore, although G tried to catch a balth of the deceased’s flaps, G kned the deceased’s shoulder by flapsing it, G kned twice the face of the deceased with knee and knee once, kned the deceased’s face on the floor, and used the part of the deceased’s face on one occasion at the front of the deceased’s own knee. As a result, the deceased suffered injury, such as an injury of an external flaps, and caused death at the Joseon University Hospital at around 16:0 on June 20, 2013 while being treated at the Joseon University Hospital.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A and B filed a lawsuit against H and I, a parent of C, seeking compensation for damages arising from the instant accident, and the judgment of the Gwangju District Court on May 29, 2014 that “H and I shall pay to each of the plaintiffs A 149,827,773 won, 141,15,194 won, and damages for delay.” The judgment became final and conclusive on June 18, 2014.

On August 31, 2012, I entered into a contract with the defendant, the insured C, the beneficiary I, the child liability II, the insured amount of KRW 100,00,000, and the insured period of insurance until the insured reaches 30 years of age.

E. The terms and conditions of the instant insurance pertaining to the instant case are as follows.

5.Article 3 (Compensation for Loss) of the Special Terms and Conditions II for the Child Liability of the Company.

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