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(영문) 의정부지방법원 2018.07.19 2017가단119806

손해배상(기)

Text

1. The Defendant’s KRW 16,457,462 to the Plaintiff is 5% per annum from June 12, 2015 to July 19, 2018.

Reasons

Basic Facts

A. The Defendant is a company that operates a golf club in Yangyang-si (hereinafter “instant golf club”) located in 1525-52, Seoyang-si, Nam-do, Seoyang-si, North Korean Peninsula 1525-52.

B. On June 12, 2015, the Plaintiff completed the games at the instant golf course No. 9, and was faced with an accident that meets the face of the golf hole he/she was on board the kart and was seated in the kart chief to move alone. (hereinafter “instant accident”).

C. The Plaintiff suffered injury to the face, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the gist of the plaintiff's argument in the purport of the whole argument was that the plaintiff caused the accident of this case by neglecting the management of the defendant's golf course, and the defendant should compensate the defendant for the amount of KRW 62,48,785 (=the amount of KRW 5,700,000 for future medical expenses of KRW 50,020 for future medical expenses of KRW 50,00 for purchase cost of KRW 50,500 for KRW 335 for purchase cost of KRW 990,00 for KRW 5,50 for damages for delay).

Judgment

According to the evidence and the purport of the whole argument as seen earlier prior to the occurrence of liability for damages, in the event that a public figure is going to know in an unexpected direction, it appears that there were no protective device, such as the protection blocking, etc., on which visitors are on board, in order to move to another room. Ultimately, while the plaintiff was waiting on the top of the Kaart, he was faced with the accident of this case that is suitable for face of the Kaart.

In order to ensure the safety of visitors, the Defendant operating the instant golf course did not give any notice to the Plaintiff, in violation of his duty of care to prevent the occurrence of accidents, such as the visitors from facing the children with friendship, by removing anticipated risks in golf operations for the safety of visitors.