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(영문) 제주지방법원 2018.04.24 2016가단4524

손해배상(기)

Text

1. The Defendant’s KRW 41,342,698 as well as the Plaintiff’s annual rate from December 9, 2015 to April 24, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Defendant is the operator of the “D horse riding club” in Jeju City (hereinafter “D horse riding club”) and the Plaintiff is the member of the club using the instant horse riding club. (2) On December 9, 2015, the Plaintiff suffered an accident that the said horse was cut off from the horse on the wind to throw the horse on the left side by setting the horse in the name of “E” at the horse riding club around 16:30, 2015 (hereinafter “instant accident”).

3) Due to the instant accident, the Plaintiff suffered injuries, such as the 2nd Embrymone, knee knee knee knee knee knee knee knee knee knee, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. Determination 1) According to the facts of recognition as the basis for liability for damages, the defendant is a person managing and operating the horse of this case. Since horse is a person managing and operating the horse of this case, it may not produce a sudden response to small external factors, which are originally sensitive animals, and thus, the horse of this case is in danger of abortion accident, etc. Therefore, regardless of whether a person managing and operating the horse of horse of this case is engaged in profit-making activities against the unspecified majority, it is reasonable to deem that the defendant was erroneous in failing to perform the above duty of care, despite his duty of care to provide safety education to ordinary customers, members of the club, etc., and to assign a person holding an appropriate certificate of qualification as safety personnel, to prevent the accident, and thus, proximate causation between the defendant's violation of the above duty of care and the occurrence of the accident of this case can be recognized, the defendant is liable to compensate the plaintiff for damages caused by the plaintiff's accident of this case. 2) The limitation of liability for damages