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(영문) 서울중앙지방법원 2016.10.17 2016나40094

구상금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff and the insured are the insurers who concluded the (Non-) LIG livelihood security agreement between the insurance period from February 19, 2009 to February 19, 2074, which includes the (Non-) LIG life compensation liability Class II), and the Defendant held the YIG long-term Poston Games (hereinafter “instant competition”) at the Gangseo-gu YIG sports center on April 15, 2012.

B. The Defendant kept hot water inside the water tank owned by the Defendant to publicize coffees of cultivated products, and kept them on the side of the second floor of the edial stadium where the instant games opened.

On the day of the instant competition, the coffee publicity of the remaining-type products were offered to those who see the games next to the above water line, and they left the coffee publicity around 15:00, while keeping the water disease appearing above the table.

C. On April 15, 2012, the insured Party A’s A’s son B (the age of 8) was used as water through a bridged with the tabler, playing on a bridged by the tabler at the temperature of 6:00 on April 15, 2012.

Accordingly, the high lids of the water tank, which opened, and hot water has been accumulated, and as a result, C, which sees the games of this case, has caused the occurrence of an accident in which C, who sees the games of this case, straws, and her am 2 degrees of image in depth (hereinafter “the accident of this case”). D.

Until June 21, 2013, the Plaintiff paid KRW 33,974,540 in total with C’s medical expenses, etc. by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is negligent in neglecting his duty of care to prevent accidents by posting guidance personnel, posting notice, etc. when the plaintiff temporarily installs a water tank which was provided for the participants as the organizer and supervisor of the instant competition as well as the supervisor.

The plaintiff pays insurance proceeds to C.