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(영문) 수원지방법원 2017.01.12 2015가단123982

손해배상(기)

Text

1. The Defendant’s KRW 15,087,387 as well as the Plaintiff’s KRW 5% per annum from November 28, 2014 to January 12, 2017, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff is an indoor swimming pool in the B community center operated by the Defendant from the end of the end of 2011 (hereinafter “instant swimming pool”).

(2) On January 29, 2014, the Plaintiff was taking a training course in the swimming pool from around 19:00 to around 19:0, the Plaintiff was taking a training course under the instruction of C, a swimming instructor, at the instant swimming pool, and was going back to the departure zone in a way to overcome the fear of learning, and was going back to the departure zone in the opposite direction.

The plaintiff was faced with face in the start stand while getting off during the above practice (hereinafter referred to as the "accident of this case"), and the plaintiff suffered from the ging and ginging of the ging and ging of the ging.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including the number of branch offices; hereinafter the same shall apply), Eul evidence No. 3, the witness C's testimony, and the purport of the whole pleadings

B. According to the above facts, C, while ordering the Plaintiff to undergo the training, ordered the Plaintiff to leave the floor so that the floor was sucked with water without any safety device in the situation where the floor was sucked, thereby causing injury to the Plaintiff. Such act of C constitutes a tort against the Plaintiff, and the Defendant is liable to compensate the above illegal act occurred in relation to the performance of duties of C in accordance with Article 2(1) of the State Compensation Act. However, it is limited to the Defendant’s liability by taking into account the following as a whole: (a) the Plaintiff took lessons in the swimming pool in this case for more than two years; (b) the Plaintiff did not seem to compel the Plaintiff to conduct the Lone Star practice; and (c) the Plaintiff appears to have been unable to fulfill his duty of care in the swimming pool in this case.

2. Scope of liability for damages

(a) Property damage 1) In the future medical expenses of KRW 12,124,770 (Evidence 4(a)(2) of this Act: the head of the Sillver University Sylle Hospital of this Court of America of KRW 1,190,000.