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(영문) 의정부지방법원 2017.05.12 2016가합55766

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, while operating a penure in Gyeonggi-gun C with the trade name of Dpention (hereinafter “instant penure”), installed a simple outdoor swimming pool (hereinafter “instant swimming pool”) within the pention as an ancillary facility and provided it to the pention guests.

B. On July 4, 2015, at least 6:00 p.m., the Plaintiff, along with members of the Internet club, arrived at the instant pen, took a night room on the first floor of the floor, and then entered the water as if the Plaintiff ice ice ice ice ices around 10:0 p.m., while driving at the instant swimming pool, the Plaintiff was faced with head on the instant swimming pool’s floor (hereinafter “instant accident”).

C. The plaintiff suffered damage to the sloping and sloping waters due to the instant accident, and is currently dead in the state of sloping.

[Ground of recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 and images, the result of this court's commission of physical examination to the director of Seoul Medical Center, the purport of the whole pleadings

2. The plaintiff's assertion

A. The swimming pool of this case does not have any sign that indicates the time of using the swimming pool, safety rules, etc., or is small compared with the size of the swimming pool, and it is not easily visible by placing the swimming pool on the sign, and it does not have any measures to prevent users from entering the swimming pool at night due to the Defendant’s covering of the cover on the swimming pool or blocking the entrance, etc., and thus, the Defendant, the occupant of the swimming pool, is liable for tort under Article 758 of the Civil Act.

B. The Defendant is deemed to have filed a report under the Installation and Utilization of Sports Facilities Act pursuant to Article 18(1)7 of the same Act when he/she obtains permission under the Tourism Promotion Act as a pension operator.

Therefore, the defendant reported the swimming pool business.