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(영문) 서울중앙지방법원 2015.03.19 2013가합564861

손해배상(기)

Text

1. The Defendant’s KRW 85,905,321 as well as the Plaintiff’s KRW 5% per annum from July 18, 2012 to March 19, 2015, and the following.

Reasons

1. Basic facts

A. The Defendant is an insurer who concluded an insurance contract with the Daejeon Metropolitan City Facility Management Corporation for injuries and accidents arising from the Daejeon Sports Complex operated by the said Corporation (hereinafter “the instant riding track”).

B. From May 18, 2012, the Plaintiff: (a) obtained riding lessons at the instant riding track for two months from May 18, 2012; (b) promised to observe the following safety rules and comply with the instructions of the teachers when using the riding track; and (c) received riding lessons 22 times until July 13, 2012.

The safety rules for riding courses;

1. At the time of boarding, all safety rules shall be familiar with and comply with the instruction of a guidance instructor;

3. Before riding, whether the condition of the horse is abnormal, such as laying to rest, etc., the principal and the nose shall be confirmed.

5. When taking advantage of the mark, excessive use shall be prevented and the horses of other reporters shall not be play;

C. On July 18, 2012, around 16:10 on July 18, 2012, the Plaintiff allocated a horse to receive a horse riding course at the instant horse riding track, and took a horse riding attitude on the horse.

However, there was an accident that the Plaintiff lost its center and fell off at the horse (hereinafter referred to as the “instant accident”) before and after the Plaintiff’s horse was faced with the Plaintiff’s hand. D.

In the instant horse riding course, a student took the front of the horse on his hand and instead took the front or the front of the horse, and then delivered the front of the horse. In the instant horse riding course prior to the instant accident, the Plaintiff did not take the front but rather took the front of the horse, and the Plaintiff took the front of the horse and took the front of the horse on the front of the horse.

E. On the day of the instant accident, the principals were guiding other 5 to 6 teaching students at the center of the playground, and the Plaintiff took the sign and took the sign directly with memory of the instruction of other teachers.