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(영문) 서울중앙지방법원 2018.10.12 2018가합537123
손해배상(기)
Text

1. The Defendant: 165,970,966 won to Plaintiff A; 160,970,966 won to Plaintiff B; 10,000,000 won to Plaintiff C; and each of the said money.

Reasons

1. The plaintiff A and B are parents of net E (hereinafter "the deceased"), and the plaintiff C is the birth of the deceased.

The Defendant concluded a mutual aid agreement (hereinafter “instant mutual aid agreement”): A contractor of the instant mutual aid agreement (hereinafter “instant mutual aid agreement”): From March 1, 2016 to February 28, 2017, the content of which is guaranteed from March 1, 2016 to February 28, 2017: an infant (including a room and a post)’s maximum compensation amount of KRW 400 million per person, in the case of injury to life and body:

The Insured in Article 28 (Scope of Beneficiaries) of the Liability for Compensation for Infants shall be the Heads of Child Care Centers and Child Care Centers specified in the Mutual Aid Policy (Certificate of Mutual Aid Agreement) and Infant Care Teachers and Staff.

Article 29 (Compensation for Loss) The Mutual-Aid Association shall be bound to compensate for the damage sustained by the Insured due to any contingency (hereinafter referred to as “accident”) arising from the Insured’s possession, use, or management of facilities (hereinafter referred to as “facilities”) and the use of the facilities (hereinafter referred to as “business”) during the period of mutual aid under the Mutual-Aid Policy (Certificate of Mutual-Aid Agreement) and any accident arising from the use of the facilities (hereinafter referred to as “accident”) and the Insured’s legal liability for damages caused by the Insured’s physical injury (hereinafter referred to as “physical injury”) or loss of property (hereinafter referred to as “physical damage”).

Article 31 (Compensation for Non-Compensation) The Mutual-Aid Association shall not pay compensation for any loss caused by the following:

1. The contractor or the beneficiary (in the case of a legal entity, the director or any other institution executing the business of the legal entity) or his legal representative; 16. Penalties and criminal liability Article 37 (Settlement of the Mutual-Aid Association for Claims for Damages) 1. The Insured shall be liable for damages to the victim.

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