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(영문) 부산지방법원 동부지원 2018.01.12 2017가합104452

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 22, 2017, D around July 17, 2017, the circumstances leading up to the accident and the relationship between the parties are as follows: D: A water play equipment in shape at the time of flight installed at the sea of the E beach No. 4 located in the area where the Defendant was established and managed at the Busan Suwon-gu (hereinafter “instant water play equipment”).

2) In the instant case, Plaintiff C, while performing water play together with Plaintiff C, suffered injuries, such as the two strings and other opens, and the closure of the light strings and the unknown details of the light strings, a parous blood transfusion, and an infertility brain damage, etc. (hereinafter “instant accident”).

(2) On July 25, 2017, the Plaintiff died on July 25, 2017 (hereinafter “D”) after being sent to G Hospital located in Suwon-gu, Busan and received treatment (hereinafter “C”).

2) Plaintiff A is the deceased’s wife, and Plaintiff B and C are the deceased’s children.

B. At the time of the accident, the location where the water play equipment of this case is installed is in front of the E Bath No. 4. The depth of the location where the water play equipment of this case is installed is presumed to be about 120cm according to the Maritime Affairs and Maritime Affairs Monitoring Office data of the National Maritime Affairs and the depth seems to be about 1m in light of the shape where water is cut down at the level of the storm of the people expressed in CCTV. 2) The two water play equipment of this case were installed at four 2, 4, 6, and 8 water play equipment in front of the E Bath, and the total of 12 water play equipment management personnel of the water play equipment was working for 8 persons (two persons per 1 location).

The water play equipment, including the water play equipment in this case, was installed three (in the event of flight, steel framed, tampulty).

On the other hand, a sign stating the safety rules of the water play equipment is installed in the front of the 4-day chain, and the contents are as follows:

Water play Safety Rules: From 09:00 to 18:00

1. The hours of use may be flexible according to weather and circumstances.

2. Children of 13 or less years of age who are accompanied by their parents shall be able to wear life jackets and use them;

3. The bottom of the structure;