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(영문) 창원지방법원 밀양지원 2018.07.06 2017가합10007

손해배상(기)

Text

1. The Defendant’s KRW 33,311,913 as well as 5% per annum from August 6, 2016 to July 6, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, while operating a pen in the name of “F” in the sealed city E on his own ownership, has installed an outdoor swimming pool with ancillary facilities (hereinafter “instant swimming pool”) and provides it to the gate users.

B. On August 6, 2016, when the Plaintiff visited the above pentthy with his family and play water in the instant swimming pool, the Plaintiff was faced with the head on the floor of the swimming pool (hereinafter “instant accident”) at around 16:00, when ice diced in water at approximately 1.2 meters of the depth of water and iced on the swimming pool.

C. The Plaintiff suffered injuries, such as closed sacratic sacrife and damage to light sacrife, etc. due to the instant accident, and is currently dead in the state of sacrife.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The following circumstances acknowledged based on Gap evidence No. 8, Gap evidence No. 3, and the purport of Gap evidence No. 6 as to the cause of the action are as follows: ① Due to the characteristics of the pen, it is highly likely for guests to protruding conduct that they did not walk out from daily lives, and especially at the time of the accident, the depth of the swimming pool of this case is just 1.2m. In particular, at the time of the accident, there was a very high risk of the accident in the event of iceing because water is not obtained, and ② Then, the defendant operating the gate business warns the risk of the accident in advance to prevent guests from iceing, or installed warning signs at a place where guests can see them easily, and the defendant did not inform them of the risk of the accident, such as allowing guests to freely use the swimming pool, but did not inform them of the risk of the accident.