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(영문) 대전고등법원 2016.12.23 2016나10627

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. A person participating in a sports-based sports is able to mislead other competitors, etc. due to his/her own act. Thus, according to the sports rules, he/she bears the duty of safety care, which is the duty of good faith, to ensure the safety of the life or body of other athletes.

In particular, in the case of a sports-related competition in which players are divided into both teams into one another and make a match with the other pelle, the athletes are obliged to take into account mutual safety of players, such as conducting the sports in such a way as not to see and endanger the movement of the counter team at all times. Although the sports-related competition exceeds the permissible limit under the generally accepted social norms, such duty of care shall be held liable as a tortfeasor.

The facts of the above recognition are as follows: (a) the defendant has a duty of care to consider the situation and movement of the plaintiff in the alley in the alley in the alleys of the defendant in the alleys of the defendant in the alleys of the defendant in order to let the plaintiff go beyond the alleys of the defendant, and (b) the defendant had a duty of care to consider the plaintiff not to be able to be able to be able to go against; (c) however, at the time of the plaintiff A's occupation, the defendant had already come up near the mouths of the defendant at the rapid speed, at the time of the plaintiff A's occupation, the defendant had already come up with the defendant's head and the part adjacent to the defendant's head, but conflict with the defendant's side, due to the conflict between the defendant's head and the defendant's appearance and the defendant's pels of the defendant, and the defendant suffers from the pels of the defendant.