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(영문) 서울중앙지방법원 2016.06.16 2015가단5138981
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. At the time of September 25, 2013, Plaintiff A was a student in the second grade of the F University Draft Design Department located in Pyeongtaek-si E, and Plaintiff B and C were the parents of Plaintiff A, and Defendant Educational Foundation D (hereinafter “Defendant Educational Foundation”) established and operated the said F University.

B. On April 10, 2013, Defendant Eastern Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant insurance company”) entered into an insurance contract with Defendant educational foundation on the condition that another person is liable to compensate for damages if the other person is injured or dies due to the defect of facilities installed and managed by Defendant educational foundation (hereinafter “instant insurance contract”). The main contents are as follows.

1. Insurance types: Rayd university comprehensive insurance; and

2. Insurer / Insured: Defendant insurance company / Defendant school juristic person.

3. Insurance period: From April 10, 2013 to April 16, 200 to April 10, 2014;

4. Security for liability;

(a) Object: 4,432 students, 46 part-time lecturers, and 171 teachers and staff members (class I);

(b) 100,000,000 won per person per special contract on compensation for school facilities, 100,000,000 won per one accident, and 100,000 won per self-charges; and

C. On September 25, 2013, at around 20:30 on September 25, 2013, Plaintiff A walked along the front side of the F University G building, and was faced with a height of approximately KRW 7.8 cm to distinguish between the national flag plaza installed at that place and the walking route, and due to the shock, Plaintiff A suffered an injury, such as a heat on the left side of the left side (hereinafter “the instant injury”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 6, 7 evidence, Eul's 1 (including additional evidence) and the purport of the whole pleadings

2. On September 25, 2013, the time when the plaintiffs' assertion was made, around 20:30, the central playground in the F University was under way of the H festival. The plaintiff A sees the H festival in the central playground, and he sees the toilet located in G.

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