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(영문) 수원지방법원안산지원 2017.10.18 2015가단107939
채무부존재확인
Text

1. Regarding the accident described in the attached Form, the Plaintiff (Counterclaim Defendant)’s liability for damages against the Defendant (Counterclaim Plaintiff) is assessed against him.

Reasons

1. Fact-finding [based basis for recognition] without dispute, Gap evidence No. 1, and the result of the commission of physical appraisal to the director of the National University of Katolian Hospital, the plaintiff is operating the skiing ground of this case as the owner of the Yyangyang-1 Yananando Yanando, Namcheon-si (hereinafter "Ski ground of this case"), the purport of the whole pleadings.

On December 20, 2014, the defendant's entry "13:50" in the written complaint around 01:50 shall be deemed to be a clerical error in the light of "01:50".

In the instant skiing ground, the skid from the skid’s skids (hereinafter “instant skids”) and the skids exceeded the floor, and suffered injuries, such as the skids and the skids from the right skids and the skids.

(hereinafter “the instant accident”). The Defendant suffered an obstacle to the pressure of the right snick section and the right snick road safety due to the instant accident.

2. The summary of the Plaintiff’s assertion and judgment: the Defendant was at the bottom of his/her leakage and the instant sludge, and the Defendant was involved in an accident where the speed was not set off while getting a skiing and getting a ski.

The plaintiff did not neglect his duty of care necessary for the establishment or preservation of the skiing ground of this case.

Therefore, there is no plaintiff's liability related to the accident of this case.

피고 주장요지 : ▷① 이 사건 사고 당일 하루 적설량 3.7mm에 이르는 폭설이 내렸다.

The Plaintiff did not take any measure against the instant accident as a warning to the snow reinforcement device or slot situation.

② The Plaintiff is obligated to assign safety personnel pursuant to Article 11(1) of the Installation and Utilization of Sports Facilities Act, but did not comply with such obligation.

③ Although the instant sludge was set up for the early wageer, only the courses consisting of a middle wageer, the Plaintiff is liable for any defect in installation and preservation.

▷원고의 위와 같은 과실 또는 설치보존상의 하자로 인하여 이 사건...

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