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(영문) 서울중앙지방법원 2016.11.16 2016가단5064810

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 28, 2015, Plaintiff C requested Defendant E to take a skiing course by requesting the Plaintiff, who was an infant, while sending a leave from the Griart located in Pyeongtaek Chang-gun, Gangwon-do.

B. Defendant E recommended Defendant D as an instructor, and he accepted it by Plaintiff C, and Defendant D commenced the skiing course for Plaintiff A around 10:40 on December 28, 2015.

C. Defendant D began to take a skiing course from the flosta Schlost, which is the course of Plaintiff A and Giet early Giet, the Schlost, and around 12:05 on December 28, 2015, Plaintiff A was injured by the flostatha and the flostathatha of the upper right, and the balance was lost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 15, 16, 17, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion that Defendant D had the plaintiff A, who was a male child of 5 years of age at the time, who was first born skiing, had the plaintiff A take a skiing course. Thus, even though he was negligent in taking a safe course so that children do not get children from the light photo slick, and forced the plaintiff A to get off the plaintiff's slick line, and as a result, the plaintiff A suffered bodily injury after getting out of the slick line, the plaintiffs shall compensate for all damages suffered by the plaintiffs due to this accident. Defendant E shall be liable to compensate for the damages suffered by the plaintiffs jointly with Defendant D as a person who was in a trade relationship with the plaintiff Eul who requested a skiing course against the plaintiff and received part of the tuition fees.

B. Defendant D has a duty of care to prevent various accidents that may occur to students by taking lessons at a safe and appropriate level suitable for the actual ability of students as a person who proceeds from a skiing course for children.

The statement of No. 16 alone is that Defendant D did not provide sufficient prior education to Plaintiff A, or that the level of slick will still be that of congested with Defendant D.