손해배상(기)
1. The Defendants jointly share KRW 57,272,858 to Plaintiff A, and KRW 56,372,858 to Plaintiff B, and each of the said money. < Amended by Presidential Decree No. 27340, Jul. 1, 2016>
1. Facts of recognition;
A. Defendant C is an insurer who operates the Epenta (hereinafter “instant penta”) located in Gyeonggi-gun D, and Defendant Samsung F&M is an insurer who entered into a liability insurance contract with Defendant C within the limit of KRW 200 million.
B. On July 31, 2016, the Plaintiffs, including five children, including ASEAN, and five children, including Plaintiff A’s mother, and nine dynamics of Plaintiff B (hereinafter “Plaintiffs, etc.”) were to be accommodated in the instant penta, and arrived at the instant penta around 17:00 on July 31, 2016.
C. On July 31, 2016, at around 19:02, the Deceased, alone, entered the guest room with the entrance of a simplified swimming pool for young children installed inside the instant pen (a 9m 85m, 5m 25m high, 80cm in depth, 80m in depth, hereinafter “the swimming pool of this case”) and died due to following: (a) around 21:05 on the same day, he/she was missing from the center of the rubber boat in the swimming pool at around 19:03, while leaving the swimming pool.
(hereinafter “instant accident”). D.
The instant swimming pool is a simple swimming pool that does not have a duty to place safety personnel. At the time of the instant swimming pool, an entrance was installed along with fences around the instant swimming pool, and a signboard was installed around the entrance, which warns the underwater swimming pool, the safety rules, the hours of using the swimming pool, and the risks of water play, and a life jackets for children was installed.
Meanwhile, the hours of use of the swimming pool in the above notice board are 10:00 to 19:00, and the husband of the defendant C or the defendant C opened the entrance door of the instant swimming pool during the above hours of use, and upon the completion of the above hours of use, he managed the entry of the swimming pool in such a way that the entrance door was locked off to prevent entry into the swimming pool of this case.
E. When Defendant C operates a simple swimming pool for young children in a penta as a person operating a penta, following the end of the hours of use.