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(영문) 서울중앙지방법원 2011.10.18 2010가합77601
채무부존재확인
Text

1. The main claim is dismissed;

2. As to the accidents described in paragraph 1 of the Schedule, it is listed in paragraph 2 of the Schedule.

Reasons

1. Basic facts

A. On November 27, 2009, the Plaintiff entered into an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the Korea Development Co., Ltd. (hereinafter “Korea Development Co., Ltd.”) (hereinafter “Korea Development Co., Ltd.”) with its principal business purpose, such as concluding a contract on the comprehensive motor vehicle insurance, etc., collecting insurance premiums therefrom, and paying insurance proceeds.

B. The content of the instant insurance contract is as follows.

Article 5 (Compensation for Loss) of the General Terms and Conditions in the Republic of Korea, a company shall compensate for the following damages sustained by the insured (person insured) specified in an insurance policy (insurance policy) within the insurance period of the Republic of Korea by bearing legal liability for damages caused by an insured event which causes harm to the body of another (person insured) or damage to another person's property caused by an insured event arising from the performance of the business in accordance with the use of the sports facilities (hereinafter referred to as "facilities") and the use of the facilities:

1. Notwithstanding the provisions of Article 5 of the General Terms and Conditions for Compensation Insurance for Sports Facilities Business Entities, the insured (beneficiary) company under Article 1 of the Act on Special Terms and Conditions for the Payment of Medical Expenses for Injury to the Victim, which is paid to the Victim, shall cover the medical expenses for the injury suffered by the user of the facility (hereinafter “the third party”) due to a sudden and unexpected accident that occurred within the sports facilities specified in the insurance policy during the insurance period, notwithstanding the provisions of Article 5 of the Insurance Policy for Compensation Insurance

Article 3(Scope of Damages) If another person suffers injury under Article 1 and requires medical treatment as a result of his own result, the Company shall pay medical expenses up to the limit of the amount of compensation stated in the Insurance Policy (Insurance Policy).

However, in no case shall exceed 180 days from the date of damage.

treatment costs means the following costs:

(1) Emergency areas, ambulances, hospitalization (standards for health insurance standard diseases), medical treatment, surgery, and operation.

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