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(영문) 청주지방법원충주지원 2015.02.04 2013가단1085

손해배상(기)

Text

1. The Defendant’s KRW 5,381,867 and its relation to the Plaintiff’s KRW 5% per annum from May 17, 2011 to February 4, 2015.

Reasons

1. Fact-finding;

A. On May 17, 201, the Plaintiff, at a golf course operated by the Defendant on May 17, 201, was comprised of three and three members, including B, and was engaged in games upon receiving subsidies from Defendant C.

나. 원고 일행은 위 골프장 11번 홀에서 티샷을 하였는데, B를 제외한 나머지 일행이 친 골프공은 페어웨이 중앙부근(그린에서 200미터 정도 거리)에 떨어졌고, B가 친 골프공은 페어웨이 우측 언덕 러프지역(그린에서 약 250미터 정도 거리)에 떨어졌다.

다. B는 같은 날 15:30경 캐디 C의 안내에 따라 세컨샷을 하게 되었고 원고 등 나머지 일행은 B의 좌측 전방 지점(그린에서 약 210미터 정도 거리)에서 대기하고 있었다.

캐디 C는 위와 같이 B의 타구 진행방향 앞쪽에 나와 있었던 원고 등 나머지 일행에게 안전지역으로 이동하라는 주의를 주지 않은 채 B에게 세컨샷을 하도록 하였다.

However, there was an accident that meets the part of the Plaintiff’s entry that was not faced by the Plaintiff et al., including the Plaintiff et al., on the right side of the left side of the road without having to take the direction of the village (hereinafter “instant accident”). As a result, the Plaintiff suffered injury, such as a spathal, pathal, spathal, spathal, and spawals of the upper right side of the Plaintiff et al.

The other Gu branch in B is more vacant than that of other Gu residents, and there was no obstacle that could interfere with the plaintiff's view between B and the place where B was friendly and the place where the plaintiff was fested.

[Ground of recognition] Facts without dispute, Gap evidence 11, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, B was the co-defendant of this case, and the lawsuit between the Plaintiff and B was concluded in accordance with the Reconciliation Recommendation Order dated October 2, 2014 of this Court. The Plaintiff and B fulfilled its duty of care after sufficiently checking the safety of the persons located in front of the direction of progress of the other Gu.