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(영문) 서울중앙지방법원 2019.06.12 2018나71368
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who concludes an insurance contract with C and pays the insurance proceeds as follows, and the Defendant is a supervisor of the Egypt Group in Ansan-si where C’s child D belongs.

B. On May 22, 2009, the Plaintiff entered into a F insurance contract with C, and entered into a special agreement with C, “G where the insured (the family members living together on the resident registration living together with his/her/her/her spouse/spouse/unborned child) is liable for legal liability for physical disability or property damage caused by an unexpected accident that occurred during the life of his/her house in the insurance policy.”

(hereinafter referred to as “instant insurance contract”). C.

On May 6, 2017, the instant accident occurred, around 11:00, at the International Camp-gu located in Ansan-si, Dongg-gu, Sinsan-si, Around May 6, 2017, the Plaintiff was deprived of and was deprived of the son’s face, who is a member of the Camp-gu, located in the Camp-gu, Dongg-gu, Sinsan-si, Sinsan-si.

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

The Plaintiff paid KRW 13,058,223 in total to K, a mother of J, with the insurance money due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendant, who is the supervisor of the field department of the plaintiff's assertion, bears the duty of management and supervision to prevent students from being injured during the field classes. The accident of this case occurred due to neglecting this duty, and it is reasonable to view the defendant's fault ratio as 50%.

Therefore, the defendant is obligated to pay 6,529,112 won (13,058,223 x50% of insurance money paid by the plaintiff) to the plaintiff who acquired the right to indemnity pursuant to Article 682 of the Commercial Act and damages for delay.

B. In full view of the facts stated in Gap evidence No. 2, and witness L of the court of first instance, the accident of this case is set up on the day of the accident.

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