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1. The Defendant’s KRW 49,400,399 as well as 5% per annum from April 30, 2014 to January 5, 2017 to the Plaintiff.
Reasons
1. Occurrence of liability to pay insurance proceeds under an insurance contract;
A. In the E business place operated by D on April 30, 2014, the Plaintiff: (a) while D’s employees used the water leisure craft called “flasch” in the motor boat operated by D, the Plaintiff was faced with injury, such as flasshing flass, in the air; and (b) thereby, the Plaintiff suffered injury to D’s left arms, such as flass pulverging, etc. (hereinafter “instant accident”).
(2) The Defendant entered into a comprehensive water-related leisure agreement with D, the owner of the instant flash, with the content that the insured is D, and the insurance period from March 30, 2014 to March 16:00, 2015, which set forth as follows: (a) the ownership, use, or management of the water-related leisure craft; and (b) the damage incurred by the owner of the water-related leisure craft and the passengers of the towed water-related leisure craft, due to an insured event that occurs as a result of the possession, use, or management of the water-related leisure craft, to compensate for the damage
(hereinafter “this case’s insurance contract”). [Grounds for recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 4, and Eul’s evidence No. 1, and the purport of the whole pleadings.
B. According to the above facts of recognition, the Defendant is liable for damages incurred by the Plaintiff due to the instant accident, as the insurer who entered into an insurance contract with the instant trademark owner.
At the time of the occurrence of the instant accident, the Defendant’s assertion that the instant protocol was fireed to the right, and the accident occurred, which cannot be avoided. However, the Defendant’s assertion that there is no liability for the payment of insurance money, as it is a matter that cannot be avoided, is not accepted, but this part of the allegation is rejected.
C. The limitation of liability: (a) the background and progress of the instant accident, which is recognized in full view of the purport of the entire evidence duly admitted, is likely to cause an accident in the course of its use, and the aquatic sports requires a certain degree of risk.