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(영문) 대구지방법원서부지원 2019.12.19 2018가합1019

채무부존재확인

Text

1. In relation to the Defendant-Counterclaim Plaintiff’s injury inflicted on April 6, 2018 within the “D” located in the Gangseo-gu Seoul Metropolitan Government.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person operating the helicopter in the name of “D” in Daegu-gu C, and the Defendant is a member using the instant helicopter from February 2014 to February 1.

B. On April 6, 2018, the Defendant sustained bodily injury, such as triplos, while going beyond the center by using wooden rollers (hereinafter “instant sports organization”) at the instant helicopter on April 6, 2018.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, Gap 1, 2, Eul 1, Eul 1, Eul 1, Eul 1, and the purport of the whole pleadings.

2. Determination

A. The summary of the parties' assertion 1) The accident of this case occurred due to the defendant's negligence, not due to the defect in the establishment and preservation of the sports organization of this case, or due to the plaintiff's violation of the duty of safety consideration under the instant health care contract. Therefore, the plaintiff's assertion that the defendant did not have any liability to compensate the defendant for damages due to the accident of this case. 2) The defendant did not receive education from the defendant's employees about the method of use and precautions of the sports organization of this case. The accident of this case occurred due to the defect in the establishment and preservation of the sports organization of this case, or due to the plaintiff's violation of the duty of safety consideration under the instant health care contract.

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 44,31,876 (=19,062,976 (on-the-job income) KRW 2,768,90 (on-the-job medical treatment expenses) and damages for delay therefrom (on-the-job medical treatment expenses) as well as KRW 20,500,000 (on-the-job medical treatment expenses).

B. Determination 1. Article 758 of the Civil Act

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