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1. The Plaintiff:
A. Defendant D’s KRW 58,301,828 and its related amounts are 5% per annum from November 14, 2015 to January 29, 2020.
Reasons
Basic Facts
Defendant D entered into a H insurance contract with Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 3, 2015 with respect to the instant play facilities, from July 3, 2015 to July 3, 2016, with respect to the maximum coverage period of the instant play facilities, from July 3, 2015 to July 3, 2016; the management entity of children’s play facilities’s play facilities’ compensation liability amounting to KRW 80,000,000 per person per accident, KRW 2,00,000,000 per each accident, and special terms and conditions for premises treatment and security (hereinafter “instant insurance contract”). The main terms and conditions of the instant insurance contract are as follows.
Article 2-2 (insured) (1) The insured of the management entity of children's play facilities refers to the management entity of children's play facilities.
Article 3 (Compensation for Loss) of the management entity of children's play facilities in Section 2-1 shall compensate for the following losses sustained by the insured in accordance with the terms and conditions of this contract due to the physical disability of the insured or the loss of another person's property caused by an insured event that occurs in the course of performing the business of the children's play facilities owned, used, or managed by the insured specified in the insurance policy during the insurance coverage period within the coverage area of the insurance policy:
1. Part II-3 General Provisions and Article 7 (Procedures for Payment of Insurance Money) (1) When a company has received the documents prescribed in Article 6, it shall issue a receipt thereof, and shall pay the insurance money without delay after receiving the documents, and shall pay it within seven days after determining the insurance money to be paid without delay.
In addition, 50% of the estimated insurance money is presumed to be paid by the company even before the insurance money to be paid is determined.