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(영문) 서울중앙지방법원 2021.01.19 2020나47887

손해배상(기)

Text

Of the judgment of the first instance, the part against the defendant is revoked, and the corresponding plaintiff's claim is dismissed.

The plaintiff.

Reasons

1. Basic facts

A. The Defendant is a student in dental medicine of C University, and the Plaintiff is a student at a graduate school of the dental branch of D University.

B. On April 1, 2017, around 17:00, the Defendant participated in the catus games of the Cats and Dats located in Gangnam-gu, Seoul as a part of the “G” festival, and carried out a stable competition. The Defendant, while participating in the cats games of the Cats and Dats and operated the cats games at the time when the 13th 30 seconds passed, carried out the dats and dats and dats to cut off the Plaintiff who dated the fats.

(c)

The Defendant, according to the Plaintiff, who was set up in drown with Defendant Jin-young, followed by the Plaintiff who was set up with drown, and was going to go beyond the victim by extending to the left part of the victim’s left chests immediately after the Plaintiff got her to the front side with his left part. As a result, the Plaintiff suffered injury, such as “in need of medical treatment for about 15 weeks” (hereinafter “the instant accident”). [Grounds for recognition] There is no dispute on the facts that there is no dispute, Gap 1 through 5 evidence, and the purport of the entire pleadings, as a whole, oral proceedings.

2. The instant accident concerning the cause of the claim occurred by the self-confising anti-confiscing anti-confiscing that the Defendant, while cutting off the Plaintiff’s attack from the Plaintiff, caused the Plaintiff’s chest, who left the ground by the Defendant following the Plaintiff, to the left hand. In light of the suffering suffered by the Plaintiff due to the instant accident, the Defendant’s liability for damages is recognized in light of the principle of fair sharing of damages and the concept of fairness. Therefore, the Defendant is liable to compensate the Plaintiff’s damages caused by the instant accident.

3. A person participating in an athletic game is able to do so by other competitors due to his or her act. Thus, according to the good faith principle, he or she bears a duty of care to ensure the safety of life and body of other competitors, while complying with the rules of the athletic game.

In this regard, many players have physical contacts in one area.