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(영문) 서울남부지방법원 2019.12.10 2019가단206906
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The principal of E secondary school is a subscriber to school safety mutual aid under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), and the Plaintiff A was a student who attended E secondary schools in 2017.

Plaintiff

B is the father of the plaintiff A, and the plaintiff C is the money of the plaintiff A.

B. Plaintiff A was in excess of the school stairs on July 19, 2017

(hereinafter “instant accident”). From July 20, 2017 to August 2, 2017, Plaintiff A was hospitalized in the F Hospital and received a fixed alcoholic beverage, etc.; and Plaintiff A was diagnosed as “the framework of the growth of the flag of the flag of the flag and the flag of the right-hand lag of the flag.”

Plaintiff

A was hospitalized in the same hospital from January 31, 2018 to February 2, 2018, and was hospitalized in the same hospital, and received an resistant substance removal surgery.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. Article 37 of the School Safety Act provides that the beneficiary who received medical care benefits shall pay disability benefits and consolation money when there is any disability even after the completion of the medical care.

Plaintiff

As a result of the instant accident to A, there remain remaining disabilities, the Defendant shall pay disability benefits and consolation money to the Plaintiff.

B. There is no evidence to prove that the plaintiff A suffered disability due to the instant accident.

The result of the court's entrustment of physical examination of G Hospital is that "the plaintiff A has no disability due to the accident in this case and there is no loss of labor ability."

Therefore, the plaintiffs' assertion based on the premise that the plaintiff A suffered disability is not acceptable.

3. The plaintiffs' claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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