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(영문) 대전지방법원 2016.06.01 2015가합103559

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is managing and operating the "CF" in Daejeon Peong-gu B (hereinafter "the instant horse riding track"), and the plaintiff is a member of the relevant horse riding track.

On October 14, 2012, the Plaintiff, including the occurrence of the instant accident, registered as a member of the instant riding track, and made a commitment to the effect that “I, upon the use of the riding track, take full account of the safety rules, comply with the instructions of the teachers, and by failing to comply with the instructions of the teachers, I would like to take civil and criminal responsibilities for all accidents that occur due to the use of the riding track, and to comply with the following matters (the safety rules, management of the riding track):

On February 2, 2013, the Plaintiff was involved in the accident of falling (hereinafter “instant accident”) while the horses of this case were loaded on the horse “D” that the Defendant allocated to the instant horse (hereinafter “instant horse”).

The Plaintiff suffered from the instant accident, due to the instant accident, a light signboard impairment accompanied by the nephical damage, and the nephical ppuri disease in detail.

[Grounds for recognition] The fact that there is no dispute, Gap 1, 10, and 16 evidence (including numbers, if any, including numbers; hereinafter the same shall apply), the plaintiff's assertion as to the existence of liability for damages as a whole of the pleadings may result in a situation in which it is impossible to control the plaintiff by showing abnormal reaction according to surrounding circumstances, because the plaintiff's assertion as to whether there is a liability for damages as to the whole of the pleadings may result in a situation where the plaintiff's assertion is a large and sensitive animal, so the defendant managing and operating the horse of this case shall take appropriate measures so that the horse of this case does not cause a situation in which the horses may have a sudden interest and division

The defendant violated the duty of care as above, ① assigned the agreement at the end of the accident on the day of the accident in this case, and the accident in this case.