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(영문) 서울중앙지방법원 2016.05.31 2014가단161361
보험금
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 April 13, 2012, the Plaintiff operating a postnatal care center with the name of “B” at his/her domicile entered into a comprehensive property insurance contract (insurance period: from April 13, 2012 to April 13, 2017; the Plaintiff, the insured: KRW 100,000,000,000,000: hereinafter “instant insurance contract”).

B. Under the insurance contract of this case, the term "the insurance contract of this case" provides that "any damage suffered by the insured's physical disability of the victim or by bearing legal liability for damage caused by an unexpected accident caused by the insured's possession, use, or management of facilities during the insurance period of this special contract and the performance of duties in accordance with the use of such facilities" (Article 1), and "the legal damage compensation liable for the insured's payment to the victim" and "2. A.

expenses required or beneficial to be incurred by the insured in order to prevent or mitigate loss;

C. Article 2.(c) of the General Terms and Conditions that guarantee liability for damages under the instant insurance contract include the obligation to prevent or mitigate loss “1. First aid, emergency aid, or other emergency measures for the insured,” and Article 19 of the Special Terms and Conditions that guarantee liability for damages.

2. The payment, approval, or settlement with respect to all or part of the liability for damages, or the filing of a lawsuit, arbitration, or conciliation, or filing of a motion for such proceedings, arbitration, or conciliation, shall be made with the prior consent of the company.

Not more than 16 newborn babies from among the newborn babies hospitalized in a postnatal care center operated by the Plaintiff and not more than 9 infants suffering after discharge.

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