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(영문) 부산지방법원 2020.04.22 2019가합40464
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant E is the 12 passenger motorboats owner of “G” (registration number H; hereinafter “instant motorboats”).

B. On June 23, 2017, Plaintiff A: (a) on the instant motorboat driven by Defendant D in the vicinity of the Busan Urban Bathing Beach around Busan, Plaintiff A was injured by an injury, such as an emission frame No. 1, which exceeded the beam floor and exceeded the beam.

(hereinafter referred to as “instant accident”). C.

Plaintiff

B and Plaintiff C are the parents of Plaintiff A. D.

On July 4, 2017, Defendant F Co., Ltd. (hereinafter “Defendant F Co., Ltd”) entered into an insurance contract for compensation to the victim (hereinafter “instant insurance contract”) with Defendant E for the insurance limit of KRW 150,000,000 (self-charge of KRW 100,000) pursuant to Article 34 of the Water-Related Leisure Activities Safety Act and from December 8, 2016 to December 8, 2017 (term of validity from July 4, 2017 to December 8, 2017).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2-3, 4, 3-1, Eul evidence 4

2. The parties' assertion

A. Defendant D as the instant motor boat pilot: (a) did not conduct safety education, such as wearing safety belts, before boarding the Plaintiff; (b) operated the instant motor boat without any operator license under Article 4 of the Water-Related Leisure Activities Safety Act; (c) did not provide the Plaintiff with protective equipment, such as life jackets and safety caps; and (b) Defendant E, as the owner of the instant motor boat, did not conduct the safety education before boarding the Plaintiff; and (c) did not perform the instant motor boat’s duty to instruct and supervise the safety of the instant motor boat, thereby causing the instant accident.

3) Defendant Company is an insurer that entered into the instant insurance contract with Defendant E. Accordingly, Defendant E.

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