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(영문) 창원지방법원 2016.09.27 2016가단106806
손해배상(기)
Text

1. The Defendant: (a) KRW 4,824,152; (b) KRW 1,00,000 for each of the said money to Plaintiff B; and (c) from June 23, 2014 to June 2016 for each of the said money.

Reasons

1. Basic facts

A. Plaintiff A is the father of Plaintiff B (C) and the Defendant is an insurance company that entered into a child liability insurance contract with D as the insured.

B. On June 23, 2014, when Plaintiff B was attending the F elementary school located in Jinwon-si, Jinwon-si E, Plaintiff B suffered an accident where Plaintiff B was faced with the other party D while playing a scamball (scam-type game that can be seen as a magnetic event) in the direction of sports teachers at the indoor sports center (hereinafter “instant accident”). Due to the said accident, Plaintiff B suffered an injury by the strike of a scambro on the right side of the scam, and the scamum scamumumo (hereinafter “instant injury”).

C. G, including the conclusion of an insurance contract, concluded a comprehensive insurance contract with the Defendant for children’s damage compensation (hereinafter “instant insurance contract”) with the insurance period from August 13, 2008 to August 13, 2023, which covers the Defendant’s liability as the insured.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Occurrence of liability for damages;

A. Although D, the insured insured of the instant insurance contract, should display the right and the right at the front and right while playing a froball game, as the insured of the instant insurance contract, caused the instant accident by violating such duty of care, and thereby, caused the Plaintiff B to suffer the instant injury, the Defendant, the insurer, is obliged to pay the insurance money equivalent to the damages to the Plaintiffs.

Although the Defendant asserts that the instant accident constitutes an accident that occurred by chance during the sports, and that it does not constitute a tort since it was not negligent to D, considering the overall purport of pleading as a whole in the statement No. 5, D does not display knee height more than knee height in the event a flab game is conducted by a guidance teacher.

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