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(영문) 대법원 2017.01.25 2016다42633

손해배상(기)

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The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. The lower court, on the grounds indicated in its reasoning, determined that, on March 30, 2013, 12:10 to 12:40, network I (hereinafter referred to as “defessor”) faced with the screen dust of the instant motor boat operated by the Defendant, and that there is a high possibility of death. However, the lower court determined that: (a) the Defendant only moved to the sea area where the accident occurred after taking 30,00 won per head under the name of air rental charges and motor boat usage charges and returned to the sea; (b) there is no way to remove or control the safety rules from the number of water, and (c) it is reasonable to recognize that the Defendant was liable for the safety of the motor boat by failing to observe the aforementioned safety rules by ensuring that it was difficult for the safety of the motor boat at the time when it was operated by the Defendant from around 12:10 to around 12:40; and (d) it is reasonable to recognize that the Defendant did not have any other duty of care to protect the safety of the motor.

2. Judgment of the court below

A. However, it is difficult to accept the above judgment of the court below for the following reasons.

(1) An area in which a holder may withdraw at any time.