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(영문) 서울중앙지방법원 2015.07.24 2014가단179539
보험금
Text

1. The Defendant’s KRW 24,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 3, 2014 to July 24, 2015.

Reasons

1. Determination as to the cause of claim

A. On December 30, 2012, the date of birth of the horse covered by the insurance period (hereinafter the end of this case), the Plaintiff entered into an insurance contract for livestock accidents with the Defendant on December 30, 2012, including the following details:

(2) From May 25, 2012, the Plaintiff: (a) transferred the instant horse to a swimming pool operating the Korean Racing Association located in the Maduk-gu, Maduk-do; and (b) sought to nurture the instant horse as a manager; (c) transferred the instant horse to a manager.

3) 이 사건 말은 2011. 12.부터 주기적으로 각종 접종을 받았다. 또한 이 사건 말은 장수목장 동물병원에서 좌중족부 좌상이나 림프절염으로 치료받은 적 외에는 별다른 건강상 문제가 없었다. 4) 이 사건 말은 2013. 9. 27. 장수목장에서 산통(疝痛, 배앓이)으로 폐사하였다.

On September 29, 2013, the end of the instant case was forward of the fostering inspection for the selection of racing horses (the inspection of measuring the time to respond to the departure of the horse at the time of the opening of the door).

There is a study that when a horse is raised in grassland with sand, a horse can take in sand, and sand can be accumulated in a large container, which causes the flow of oil, while a string can be spread by accumulating in a sand.

장수목장은 마방(馬房) 뒤에 말들이 운동할 수 있도록 마사토가 깔린 운동장이 있었다.

[Reasons for Recognition] Evidence A, Evidence Nos. 1, 4 through 7-1, and the purport of the whole testimony and pleading of a witness A

B. According to the above facts, it is reasonable to view the horses of this case to have been discarded due to a disease (i.e., sand accumulated in the stock farm) caused by the concentration of sand taken in the stock farm.

Therefore, the Defendant, an insurance company, is obligated to pay insurance proceeds from the closure of the horse of this case to the Plaintiff, the insurance company, barring special circumstances.

2. The defendant's assertion and judgment

(a)no compensation;

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