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1. Of the judgment of the court of first instance, the Plaintiff’s KRW 9,081,980 against the Defendant and its related thereto from November 28, 2017 to May 30, 2019.
Reasons
1. Basic facts
A. The Plaintiff and C were students attending the E High School located in Young-gu E High School in Young-gu, Young-si. The Defendant concluded an insurance contract with C’s mother F to ensure liability for an accident occurred during the insured’s daily life (hereinafter “instant insurance contract”) with C as the insured and the maximum compensation amount of KRW 100,000,000 with C’s mother F.
나. 원고는 2017. 11. 28. E고등학교 체육관에서 C 등과 함께 플로어볼 경기를 하던 중 C이 슛을 하는 것을 막기 위해 C의 뒤에서 수비를 하다가, C이 휘두른 스틱에 입술 부위를 가격당하는 사고(이하 ‘이 사건 사고’라고 한다)를 당하여 앞니 2개(상악우측중절치, 상악좌측측절치)가 부러지는 등의 상해를 입었다.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 2 (including branch numbers, hereinafter the same), the purport of the whole pleadings
2. In addition to the facts acknowledged prior to the determination as to the recognition of liability for damages, the following circumstances revealed by Gap evidence Nos. 9, Eul evidence Nos. 7 and the purport of the entire pleadings, namely, ① flobing games without wearing a string or special protective equipment to protect the face of flobs except both team kis, ② under the sports rules, the instant games strictly prohibit dangerous flobing using strings, such as “the act of flobing the flosts after the wing onto the wing with the wing or the wing on the wing for the wing,” and ③ the instant accident occurred in the wind of the Plaintiff’s chest by making the sports rules to raise the risk of inflicting injury on the participants of the games, and it is sufficiently foreseeable that such an act is likely to cause injury to the participants of the games.