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(영문) 수원지방법원 안양지원 2018.01.12 2016가단106795
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 relationship between the parties 1) Plaintiff A is a student enrolled in D High School on July 18, 2014, and Plaintiff B and C are the parents of Plaintiff A. 2) The Defendant is a corporation established in order to compensate for the students, etc. who have suffered damage to their lives and bodies due to school safety accidents at schools located in Gyeonggi-do pursuant to Article 15 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), and is a school safety mutual aid operator to which the head of D High School has joined.

B. On July 18, 2014, when Plaintiff A was enrolled in D High School, Plaintiff A was in the middle of a gymnasium (hereinafter “instant accident”) during the gymnasium (hereinafter “instant accident”).

(2) On July 22, 2014, Plaintiff C filed a claim for a mutual aid benefit with the Defendant on August 20, 2014 and January 20, 2016, for the reason that the causal relationship with the school safety accident is unclear.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, Eul evidence 4 (including additional number), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the argument is that the Plaintiff A suffered from the injury of the pelle fever and the semi-month pelle fever, which is one hundreds of the two sides of the right slot, due to the instant accident. Accordingly, on December 11, 2015, at the Acheon-ro Hospital, the Plaintiff A suffered from the follow-up disability of 6.5 meters in the right side of the injury. This constitutes the grade of the physical disability in Table 2 attached to the Enforcement Decree of the School Safety Act and the ratio of the loss of labor force in Table 12 subparag. 7 of the Table on the ratio of the loss of labor force. Therefore, the disability benefits under Article 37 of the School Safety Act are equal to 15%, since the Defendant is obligated to pay the Plaintiffs disability benefits.

B. According to the judgment of the court, according to the results of the physical examination entrusted to the director of the Ansan University Hospital at this Court, the plaintiff A.

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