손해배상(기)
1. The Defendant’s KRW 19,773,533 and the aforementioned money to the Plaintiff, and KRW 19,606,867 as to KRW 19,60 and KRW 166,00 from October 26, 2016.
1. Details of the duty of care required for participants in an athletic game - Any person who participates in an obligatory athletic game for safety consideration may mislead other competitors, etc. due to his/her conduct, and thus, he/she is obliged to pay safety consideration, which is the duty of good faith, to ensure the safety of the life or body of other athletes, etc.
However, as for sports games in which the price for the counter player is mainly formed, such as decentralization or Taekwondo, or sports games of the same form as the mouth or the deaf-gu, which are leading to the winner through physical contact in one area of many players, are in danger of injury inherent in the game itself, which is accompanied by physical contact. A participant in the game is at risk to a certain extent and participating in the game. Thus, whether the participant in the game has fulfilled the above duty of care should be determined by comprehensively taking into account the type and risk of the game in question, the situation at the time of the game, the compliance with the competition rules by the relevant parties, the nature and degree of the violation of the rules, and the degree of injury if the act does not deviate from the scope of social reasonableness, the liability for damages is not allowed.
(See Supreme Court Decision 201Da66849, 66856 Decided December 8, 2011). The foregoing legal doctrine likewise applies to “marine” belonging to the sports type, which is the same as sports type (competitive competition), in which sports is conducted by two persons as a counterclaim.
In addition, the determination as to the above violation of the duty of safety consideration shall be made by the participants in sports, i.e., the scope of social reasonableness, taking into account all circumstances such as the type and risk of the game in question, compliance with the rules of the game, and the degree of injury and injury.