채무부존재확인
1.The judgment of the first instance shall be modified as follows:
Defendant Counterclaim Plaintiff (Counterclaim Plaintiff) is located C. B around 13:50 on July 25, 2012.
In accordance with Article 420 of the Civil Procedure Act, the entry of “1. Basic Facts” and “2. The parties’ assertion” in the grounds of the judgment of the first instance court and the occurrence of injury and the parties’ assertion shall be cited.
In full view of the overall purport of the arguments in Gap evidence 6-2, 3, Eul evidence 2, Eul evidence 14-5, and Eul evidence 14-10, and witness witness D of the court of first instance as to the existence of liability to compensate for the damage of Gangnam Tourism Development Corporation, the defendant proceeded with underwater physical training for the prevention of ornamental infection every two hours from June 25, 2012 to every week at the request of the public health center of Gangseo-si. The defendant provided the indoor swimming pool operated by the Gangseo-si Tourism Development Corporation to the underwater physical training place at the request of the public health center of Gangseo-si. At the time of the accident of the accident of this case, the defendant presented the swimming pool outside the swimming pool as part of the course of the course of the accident of this case, and the fact that the water of the swimming pool of this time exceeded the passage above the passage above, and the defendant can be recognized as being damaged by passing over the kind above.
The defendant taking a course against the students in several hundreds of course has no choice but to show the action demonstration from the outside of the water tank so that the students can easily see it, and in fact, he/she has continued to take such a course in such a way. It can be easily anticipated that if the passage floor is cut down by water, it may be considerably hindered in such action demonstration.
Therefore, the Gangnam Tourism Development Corporation, which provides a swimming pool to a water tank place in accordance with an agreement concluded with the Gangnam-si Public Health Center, has a duty of care to manage the swimming pool passage floor by regulating the water level of a swimming pool so that it can smoothly proceed with the lessons at least during the training hours, such as regulating the water level of a swimming pool not flowing into the passage floor and washing the water of the floor.
Nevertheless, as a result of neglecting the duty of care, the accident of this case.