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1. The Defendant’s KRW 23,320,423 as well as the Plaintiff’s KRW 5% per annum from August 16, 2015 to January 11, 2018.
Reasons
1. Facts of recognition;
A. B runs water-related leisure business to board a motor boat, water skiing, etc. with the mutual loan fee of E from the D reservoir located in Chungcheongbuk C, and the Defendant is an insurance company.
B. On June 4, 2015, the Defendant concluded water-related leisure insurance contract (hereinafter “instant insurance contract”) with respect to F motorboats, etc. as insured by the Korea Waterki Association, setting the insurance period from June 16:0 to June 16:00, 2016.
Of the security matters of the insurance contract of this case, water-related leisure liability security is a liability insurance which compensates the insured water-related leisure craft users (the pilot, passenger, and passenger of the towed water-related leisure craft) for legal liability for damages due to an insured water-related leisure craft’s possession, use, or management of water-related leisure craft as stated in the insurance policy. The maximum compensation per capita is KRW 100,000,000.
다. 원고는 2015. 8. 16. 14:30경 E 직원인 G가 운전하는 이 사건 보험계약의 목적물인 F 모터보트에 견인된 수상스키를 타던 중, D저수지 끝 부분에서 회전하는 과정에서 저수지 가장자리 부분으로 미끄러지다가 저수지 가장자리에 돌출되어 있던 반출암에 부딪쳐 우측 무릎뼈의 분쇄골절상 등을 입었다
(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, 7, and Eul evidence Nos. 1, 3 through 5 (including each number), and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. In light of the following circumstances acknowledged by the evidence adopted prior to the occurrence of liability for damages, E shall provide adequate safety education to the Plaintiff prior to the use of water skiings, and shall coordinate the speed and direction of motor boats according to the level of the Plaintiff, who is the water skiing user, and take into account surrounding circumstances.