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(영문) 서울중앙지방법원 2021.02.05 2019나73644
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the above cancellation shall be dismissed.

2...

Reasons

1. The facts below the facts are as follows: there is no dispute between the parties, or there is evidence of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 5 (hereinafter referred to as "the number includes several numbers, and Eul evidence Nos. 3 to 5 excludes those parts which are not trusted), and the whole purport of the pleadings in light of the results of the entrustment of physical appraisal to the head of G hospital at the court of first instance, and there is no other evidence to reverse the above recognition only with some parts of evidence Nos. 3 to 5.

A. On April 24, 2015, the Defendant, a corporation engaged in insurance business, entered into a D contract with a school juristic person C (hereinafter “C”), whereby the insured is C, the insurance period from April 24, 2015 to April 24, 2016, whereby the secured area is the Republic of Korea (hereinafter “instant insurance contract”).

The terms and conditions of the insurance contract of this case, which are part of the insurance contract of this case, are as follows.

The insurance contract of this case [general terms and conditions] 2 Sub-Section 2

Ⅱ Article 15 (Damage to Compensation) (1) of the School Facilities Liability Clause (hereinafter “School Facilities”) provides that the insured company shall own, use, or manage the facilities owned, used, or managed by the insured in connection with the operation of the school during the insurance coverage period under the Insurance Policy (hereinafter “School Facilities”).

In addition, the following damages suffered by the burden of statutory liability due to the physical disability of others or the loss of property of others due to an insured event occurred in relation to school facilities or in an area related to school affairs in accordance with this Clause shall be compensated for in accordance with this Clause:

1. Legal damages that an insured person is liable for paying to the victim.

The term "school management" means affairs related to the performance of school events supervised by schools as normal business activities conducted in school facilities.

(b).

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