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(영문) 서울서부지방법원 2014.10.28 2013가합4777

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a second male student who was admitted to the Hongk University Sejong University Sejong, which was established and operated by the defendant in 2010.

On May 6, 2011, the above division became a member of a department with a large-scale bathing beach located in Chungcheongnam-si, Chungcheongnam-do, and came to a member of a department (Minship; hereinafter the instant MT) and, at around 14:30, at around 120 students, C and six professors and two assistant students were led to arrive at a lodging near the large-scale bathing beach.

Students moved to large bathing beaches at around 15:30 and moved to large bathing beaches, and took a water play at a place designated by the student president and vice president during the scheduled free time from time to 16:30.

At the time, professors were staying in a room.

During water play, the Plaintiff was faced with head above the sea (hereinafter referred to as the “accident in this case”) and was faced with 5 spaw from Va (1 cm, 2 mm) to 3 spawd from the rear bones of trees, and spawd from 5 spawd from the upper bones of trees.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 3 and 5, Eul evidence Nos. 1 and 3 (including paper numbers), the plaintiff's assertion of the purport of the whole oral argument, and the defendant C and professors, who are the defendant, have a duty to guide and supervise students so that students do not balance due to unexpected or unexpected accidents that may occur in the course of the proceeding of the pertinent MT, and since the free time has been scheduled for students in large-scale bathing beaches, even though they have been aware that students play in ordinary seawater and play in common seawater and are likely to suffer from accidents, they did not directly guide and supervise students to prevent safety accidents and install safety equipment, such as uniforms or life jackets, and the accident of this case occurred due to such negligence. Thus, the defendant, as the professor's employer, was the plaintiff.