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(영문) 광주지방법원 2020.07.16 2019나55902
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On February 6, 2015, when the Plaintiff was getting off from the Eriart Ski ground located in the former North Korea-U.D., the Plaintiff did not avoid the Plaintiff, who was getting out of the Eriart S (S)ton at the rear bank of the Plaintiff, and did not conflict with the Plaintiff.

(hereinafter “instant accident”). (b)

The Plaintiff suffered ulverization in the upper right booms, etc. due to the instant accident.

C. On January 20, 2010, C concluded a “J” insurance contract with the Defendant, an insurance company, as the insured.

The special terms and conditions of the above contract provide that “The insured shall compensate for any loss incurred by the insured, within the limit of KRW 100 million, by bearing legal liability for the physical disability of another person due to a sudden accident caused by his daily life.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3-1, Eul evidence 4-1, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the accident of this case occurred by entering the plaintiff's proceeding direction as well as the collision with the plaintiff, which was negligent in neglecting the duty of care to avoid collision with other persons, considering the right and the right at the front of the skiing ski ground when C putski ground ski ground ski ground.

As such, the defendant, who is the insurer for the daily life compensation liability of the insured C, is liable for the damages suffered by the plaintiff due to the accident of this case within the limit of the total amount of insurance coverage.

B. The following circumstances, i.e., the Plaintiff’s level of the early classr of the Snobye who did not have lessons experience, was considered as a comprehensive consideration of the limitation of liability, the statement of Gap’s evidence No. 1, the fact-finding results of the first instance court’s E Rite, and the overall purport of the pleadings, and the instant accident was committed while activeing the middle class course.

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