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(영문) 청주지방법원충주지원 2015.01.15 2014가합3337

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 168,102,314 and KRW 134,553,122 among them, from December 21, 2013 to the date of full payment.

Reasons

1. Basic facts

A. (1) On January 25, 2011, the Plaintiff: (a) was boarding a lifts in the Eski ground (hereinafter “instant skiing ground”) operated by the Eski ground Co., Ltd. (hereinafter “C”); (b) on January 25, 201, the Plaintiff got off the lifts; (c) the ski ground of the said lifts was cut off in the space between the left skiing and the skiing ground on which the Plaintiff reported.

(2) At the time, C’s employees F, etc., who had been employed as safety management personnel in the middle downstream of the aforementioned lifts, did not discover a pipe in the space between skiings and skiings, but did not inform the Plaintiff of this fact. Even after the Plaintiff’s replacement on the lifts, the Plaintiff did not immediately suspend the operation of the lifts.

(3) Accordingly, the Plaintiff moved approximately 4 meters to the point immediately before the installation of a safety net in the e-line, in response to which the Plaintiff fell into the floor below about 2 meters due to the e-mail at the time of the suspension of the e-line, and the Plaintiff fell into the floor below the e-mail.

(hereinafter “instant accident”). The instant accident suffered injury, such as 11, 12, and 2, and 5 pressure frames, which require medical treatment for about 12 weeks, by the Plaintiff. On January 27, 2011, the Plaintiff was judged as having been subject to vertebrate disability 4.

B. (1) On March 11, 2011, the Plaintiff filed a lawsuit against F and other users at the Seoul Central District Court seeking compensation for the Plaintiff’s damages caused by the instant accident (201Gahap 23243), and was rendered a judgment in favor of the Plaintiff on January 12, 2012.

The Plaintiff and C appealed with respect to the above judgment, and the Seoul High Court (2012Na14526) at the appellate court, on December 6, 2012, 2012, paid the Plaintiff 223,035,704 won and the interest calculated at the rate of 5% per annum from January 25, 201 to December 6, 2012, and 20% per annum from the next day to December 6, 2012.