2014 Ghana 231550 Insurance proceeds

A

Case Non-Life Insurance Co., Ltd.

January 10, 2017

February 10, 2017

1. The defendant shall pay to the plaintiff 31,354,051 won and the amount calculated by applying 5% per annum from August 4, 2013 to February 10, 2017, and 15% per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 9,345,360 won with 5% per annum from August 4, 2013 to the date of the instant judgment, and 15% per annum from the next day to the date of full payment.

1. Facts of recognition;

A. On June 1, 2013, the Plaintiff entered into a teaching agreement with the C clubs located in Ansan-si B (hereinafter “instant club”) to receive a riding course of 20 million won for tuition fees (hereinafter “instant agreement”).

B. On October 2012, the Defendant entered into a compensation insurance contract for sports facility business entities (hereinafter “instant insurance contract”) with the instant club, the instant club, the insurance purpose of the instant club, and the insurance period from October 29, 2012 to October 29, 2013, the total coverage amount of KRW 400 million, and the maximum coverage amount of compensation shall be KRW 300 million per substitute compensation.

The insurance clauses of the insurance contract of this case provide that the defendant shall compensate for losses sustained by the insured (insured) by bearing legal liability for damages due to the unexpected accidents arising from sports facilities owned, used, or managed by the insured (insured) and the use of such facilities during the insurance period.

C. On August 4, 2013, the Plaintiff, at the end of the instant club on the same day on August 4, 2013, 2013, took a horse after the horse riding course was finished, was able to see the body in the future to get off and off the horse alone at around 17:00, and the end of the horse was frighting to the Plaintiff’s face, and the Plaintiff suffered injury, such as brain dust, light salt, etc. (hereinafter “the instant accident”).

D. The class of the instant club was over 40 to 50 minutes for each time, and its coaches were guiding horse riding skills meeting the level of the recipient’s course, and the Plaintiff’s level of the recipient was supported by coaches or club employees in the event that the recipient is going to the horse at the horse. The Plaintiff had a total of 12 riding courses in the instant club prior to the date of the instant accident, which was enrolled at the horse, and thereafter had the ability to look at the horse.

[Ground of recognition] Facts without dispute, Gap evidence 7 through 9, Eul evidence 1 to 3, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Comprehensively taking account of the facts acknowledged as above and the overall purport of the arguments and evidence revealed earlier, the instant club appears to have moved the horse to a horse after the completion of the riding course, but for convenience, it seems that the Plaintiff, a teaching student who has finished the training course, has a duty to protect him/her so that he/she can safely leave the horse, even after the completion of the training course, has a duty to protect him/her so that the Plaintiff may safely leave the horse. Therefore, it is reasonable to deem that the instant club is liable to compensate the Plaintiff for damages incurred by the instant accident pursuant to Article 750 of the Civil Act, and the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff by sharing the instant club jointly with the instant club within the limit of liability for personal compensation under the insurance contract as the insurer of the instant club within the limit of liability for damages caused by the Plaintiff.

B. However, although riding is basically a sports where the risk of injury exists, the plaintiff voluntarily posted a horse at the seat of the air for the next course after the course was completed, and the plaintiff who already received at least 10 riding courses had been aware of the fact that the horse was a very sensitive animal, and that he was not able to safely take and safely take away from the change of the horse, but it was determined that the accident of this case was caused by the accident of this case. The plaintiff's negligence seems to have caused the occurrence and expansion of the damage, it is reasonable to consider it in calculating the amount of the damage to be compensated by the defendant. Accordingly, the defendant's responsibility is limited to 35% of the total amount.

3. Scope of compensation for damage (which does not state any of the parties' arguments separately shall not be accepted).

(a) Actual income (in principle, the period shall be calculated on a monthly basis, but the amount less than a month for the convenience of calculation shall be included on the side on which the amount is smaller, the amount less than the won and the amount less than the last month shall be discarded, and the calculation of the present value at the time of the accident shall be made by the fractional method which deducts the interim interest at the rate of 5/12 percent per month;

(a) Personal information: Dived females;

(2) The income as the basis of the computation.

The Plaintiff worked as an insurance solicitor at the time of the instant accident. In the case of a free vocational income earner such as an insurance solicitor, if there is no objective data to acknowledge the necessary expenses to deduct the total amount of income from the total amount of income, not the net income, and there is no objective data to acknowledge the necessary expenses to deduct the necessary expenses, the net income may be calculated by multiplying the total amount of income by the standard expense rate. The Plaintiff’s income received as an insurance solicitor in the year 2012 is a total of KRW 335,784,134. The Plaintiff’s income received as an insurance solicitor in the year 2012 is a total of KRW 335,784,134. The Plaintiff’s application of the standard expense rate of 40.9% to the multi-party insurance solicitor (insurance solicitor) in the year 2012, the income earned by the Plaintiff is the 16,537,368 won [=35,784,134 won

(3) The ratio of occupational disability and labor disability;

(A) 23% of each disability rate (which falls under the category V-A of spine damage of each Mabrode disability assessment table) and the market sea for three years from the date of the accident, respectively, with a protruding signboard between the 5-6, 6-7 and the 4-5th century, and the 5th 100th 1st 1st 5th 100.

(b) Degree of contribution: 70%

(c) Overlapping disability rate: 13.3%

[Calculation on the Basis of 6.9% (=23% x 30%) of the rate of minor disability and the rate of essential disability]

(d) Calculation: 73,633,163 won;

- From August 4, 2013 to August 3, 2016

- 16,537,368 won 】 13.3% x 33.477 = 73,633,163 won

(b) Medical expenses 1,64,127 won;

Of the sum of KRW 1,294,830 paid by the Plaintiff, KRW 2,170,470 for Epathical branch, KRW 240,290 for Epathical branch, KRW 350,00 for G Council members, KRW 1,491,50 for H Council members [the medical expenses indicated in the “medical expenses payment confirmation” for H Council members [the medical expenses indicated in the “medical expenses” for the same period are not recognized differently from the medical expenses indicated in the “the Han Medical expenses invoice and receipt” for the same period, and there is no other evidence to prove that the medical expenses incurred in the “H Council members” for the same period, and KRW 5,547,090 for Epathic branch, KRW 70 for the Epathic branch, and KRW 3 years for the Epathic branch, the expenses incurred in the treatment can be considered separately from the above expenses paid within three years from the date of the accident).

C. Limitation of liability: 35% of the defendant's liability ratio.

26,354,051 won = (73,63,163 won + 1,664,127 won) x 35%)

(d) Condolence money;

The amount of consolation money shall be 5,00,000 won in consideration of the circumstances of the instant accident, the Plaintiff’s age, the parts and degree of the Plaintiff’s disability, and all other circumstances shown in the argument of the instant case.

[Ground of recognition] A without dispute, evidence Nos. 1 through 6, evidence Nos. 15, and the result of the commission of physical examinations to the head of an Gyeonghee University Hospital in this Court, the rule of experience, significant facts, and the purport of the whole pleadings

4. Conclusion

As damages, the Defendant is obligated to pay to the Plaintiff damages the amount of KRW 31,354,051 (=property damages amounting to KRW 26,354,051 + 5,000 + 00,000) and damages for delay calculated at each rate of 5% per annum prescribed by the Civil Act from August 4, 2013, which is the date of the instant judgment, until February 10, 2017, which is the date of the instant judgment, to the date of full payment, to the date of the instant judgment, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the date of full payment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

Judges Kang Jeong-hee