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1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
Reasons
1. Basic facts
A. The designated parties B are the spouse of the network C, the Plaintiff, and the remaining designated parties, and the Defendant is a special corporation established under the Korea Shipping Association Act, which runs a mutual aid business in preparation for disasters that occur during the performance of the business of its members.
B. On June 11, 2013, C entered into a water-related leisure mutual aid agreement with the Defendant that guarantees the liability of compensation of KRW 100 million per person and per accident of water-related leisure activities (e.g., sudden and remote accidents) with respect to C-owned 0.53 tons of water-related leisure activities, as shown in the attached list, as indicated in the attached list.
(hereinafter “instant mutual aid contract”). (c)
Article 58(1) of the General Terms and Conditions of the instant mutual aid agreement does not designate a beneficiary for the mutual aid money at the time of the instant mutual aid agreement, and Article 58(1) of the instant mutual aid agreement states, “In the event the beneficiary was injured by an accident as stipulated in Chapter Four (In Water Leisure Activities, Injury Clause) and died within one year from the date of accident as a result of the accident, the mutual aid money stated in the mutual aid certificate shall be left to the beneficiary (the heir of the beneficiary in the absence of the designation of the beneficiary).”
C At around 18:00 on August 19, 2013, after being last observed by a selected person B at the residence located in Sinpo City E, and on August 22, 2013, at around 07:35 on August 22, 2013, the C was found to have died at the sea adjacent to the small light steering boat located in Sinpo City.
(hereinafter referred to as “instant accident”). E.
In 2015, the Defendant filed a lawsuit seeking confirmation of existence of obligation under the instant mutual aid agreement against the Plaintiff and the designated parties, and the court of first instance rendered a judgment on December 8, 2015 that “The Defendant’s obligation to each mutual aid fund against the Plaintiff and the designated parties pursuant to the instant mutual aid agreement and the instant mutual aid agreement does not exist.”
(Seoul Northern District Court 2015dan105695, hereinafter referred to as "previous First Instance"). (f) The Plaintiff is on December 2015.