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(영문) 서울중앙지방법원 2015.06.25 2012가합45660

손해배상(기) 등

Text

1. Defendant B and C shall jointly:

A. The Plaintiff’s KRW 80,582,770 and its related amount shall be from January 12, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. Defendant B and C jointly run a golf practice hall (hereinafter “instant golf course”) with the trade name “E” in Daegu Suwon-gu, and Defendant Golf Co., Ltd. (hereinafter “Defendant Golf Co., Ltd.”) is a company that has established a golf operation system in the instant golf course in the instant golf course, and Defendant Paro golf Co., Ltd. (hereinafter “Defendant Paro golf”) is a company that imports and sells the instant golf course (hereinafter “the instant golf course”) that was kept in the instant golf course and used by the Plaintiff.

B. On January 12, 2012, while the Plaintiff was running a screen golf in the instant golf course, the Plaintiff real nameed the right-hand eye on the humd separated from the Plaintiff’s right-hand eye with the Plaintiff’s hummatic eye, thereby causing damage to friendly erogal damage, net gym, red, seed, island gymp, etc.

(hereinafter referred to as “instant accident”). C.

Plaintiff

On August 23, 2013, the succeeding intervenor paid KRW 20,417,230 to the Plaintiff as a disability pension. The succeeding intervenor succeeded to the instant lawsuit on July 11, 2014, on the ground that “if the succeeding intervenor paid the disability pension as a third party’s act, he/she subrogated the beneficiary to the third party’s right to claim damages against the third party within the scope of the benefits paid” pursuant to Article 114(1) of the National Pension Act, the succeeding intervenor subrogated to the right to claim damages equivalent to the lost income that the Plaintiff owns within the scope of the disability pension paid as above.

[Reasons for Recognition] The facts without dispute, Gap's statements 1 to 5, Gap's evidence 1-1 and 2, video, and the purport of the whole pleadings

2. Determination as to Defendant B and C

A. We examine the cause of the occurrence of the accident of this case 1, Gap's 3-1 to 8, Eul's 7-1 to 35, Eul's 8, 11, Eul's 1, Eul's 3 and 4-5, Eul's 1 to 5, and Eul's 3 and 4-1 to 5, and Eul's 5, and the overall purport of this court's video verification results and arguments.