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(영문) 서울북부지방법원 2020.04.22 2018가단121384
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2017, the Defendant concluded a business compensation insurance policy (hereinafter “instant insurance”) with C University from March 22, 2017 to March 22, 2018, setting the maximum compensation limit of KRW 100 million for school managers’ special terms and conditions.

B. Around 15:00 on April 29, 2017, the Plaintiff, who was enrolled in C University, was killed in the left knee, knee, knee, knee, kne, kne, kne, kne, and kne in the comprehensive sports competition organized by the Seoul Metropolitan Council of Total Students established in Seongdong-gu, Seongdong-gu, Seoul.

(hereinafter “instant accident”). [Ground of recognition] A] An unsatisfy, Gap 1 through 6 evidence, the purport of the entire pleadings.

2. The Plaintiff’s assertion as to the cause of the instant claim had faithfully performed the duty of management and supervision to ensure safety education and to prevent safety accidents in order to prevent any harm to the students’ life, body, and health during the course of its exercise as a person who hosts an official sports competition, which is a part of the school affairs, and controls the event itself as a whole. However, the instant accident occurred by neglecting the duty of management and supervision to ensure safety education and to prevent accidents. Accordingly, C University bears the Plaintiff’s liability for damages, and the Defendant who entered into the instant insurance contract with

3. Article 3 of the insurance clauses of this case provides that with respect to the "compensation" of the insurance of this case, the following damages shall be compensated according to the insurance clauses, which were sustained by the insured, due to an insured event set forth in the special clauses which occurred within the coverage area under the insurance policy, thereby causing physical disability to another person or causing damage to another person's property, thereby bearing legal liability for damages.

According to the above insurance policy, the insurance of this case is an accident that occurs in school facilities or occurs in relation to school affairs of the C University, the insured.

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