beta
(영문) 서울동부지방법원 2021.01.15 2019가합102152

손해배상(기)

Text

All of the plaintiffs and the plaintiff Gap's successor's claims are dismissed.

Of the litigation costs, between the plaintiffs and the defendant.

Reasons

1. Basic facts

A. On September 21, 2017, the deceased E (hereinafter referred to as “the Deceased”) took abnormal actions, such as scoocooke, during the process of growing the above water surface while receiving education on the scooke from approximately 12 meters of water depth of 700 meters in the south-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Nam-gun, and died on the same day (hereinafter “the instant accident”).

B. The Plaintiff A is the deceased’s spouse, and the Plaintiff B and C are the deceased’s children, and the Defendant is an instructor who has obtained the qualification certificate, etc. of an open scood ice, and was in charge of the deceased’s scood ice education at the time of the instant accident.

(c)

The succeeding intervenor paid the plaintiff A total of KRW 12,241,490 of the survivor pension from March 23, 2018 to October 23, 2020, as a juristic person established under the National Pension Act.

[Ground of recognition] In the absence of dispute, Gap 1, 2 evidence, Gap 1-4 evidence (if there are numbers on the evidence, such indications are omitted; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the cause of the claim;

A. The defendant is a person who educates scoo ice, a marine leisure activity, and is obliged to observe safety rules and to prevent accidents.

However, although the Defendant failed to complete the basic training at a lower level due to the Deceased’s failure to properly conduct the training, the Defendant thought that he was fine even during the next stage of the training, and continued to conduct air exchange by getting up to 12 meters of the depth. ② Even if the Deceased was first engaged in the first training at a lower level due to the age of 59 years, he did not properly examine his condition while he did not complete the training at a lower level of age. ③ The Deceased complained of the abnormal phenomenon of Mascke and tried to get off the Masc.