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(영문) 부산지방법원동부지원 2015.09.18 2014가합2722

손해배상(기)

Text

1. Defendant B’s KRW 95,059,700 per annum for the Plaintiff and 5% per annum from July 26, 2014 to September 18, 2015.

Reasons

1. Basic facts

A. Defendant B, who operates the penta and swimming pool, has installed an outdoor swimming pool (hereinafter “instant swimming pool”) in the penta-gun D’s trade name “E” (hereinafter “E”), and provided it to the visitors, and Defendant C is the husband of Defendant B.

B. On July 26, 2014, the Plaintiff entered the instant pen around 21:30, and around 22:30, at around 22:30, the Plaintiff entered the instant swimming pool in a water speed by obtaining the head from the head to obtain ices about 1.2 meters in depth, and the Plaintiff was faced with the head on the swimming floor of the swimming pool (hereinafter “instant accident”). Accordingly, the Plaintiff suffered from injury, such as a closed light thirrosis, a dives of dives, and light water damage.

C. The swimming pool of this case, such as a failure to install a sign board, is on the size of 7m wide, 5m vertical length, 1.8m deep. The swimming pool of this case does not have a warning sign prohibiting ice from entering a swimming pool or a swimming pool at night, and there was no electric light around the swimming pool.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3 (including each number), witness F, G testimony, result of physical entrustment to the director of the Busan 0 Hospital affiliated with the Court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. (1) The Plaintiff’s assertion (1) is the Plaintiff’s assertion that the Defendants violated the duty of care to take safety measures to prevent the occurrence of the instant accident (such as the installation of a warning sign prohibiting ice, the installation of lighting lighting, and the installation of closing devices) inasmuch as the depth of the swimming pool is merely 1.2m and adult use is merely 1.2m.