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1. The Defendant’s KRW 86,265,257 with respect to the Plaintiff and KRW 5% per annum from June 12, 2011 to May 28, 2015.
Reasons
1. Basic facts
A. The Defendant is the operator of a Seongdong-do golf club (hereinafter “instant golf club”) with a 129 Scam, which is located in the first 2-lane 129, Cho Sung-gun, Sung-gun, Sungbuk-gun, and the Plaintiff has worked as a gld (gld assistants) from February 9, 2011 to the instant golf club.
나. 원고는 2011. 6. 12. 10:20경 이 사건 골프장의 5번 홀과 6번 홀 사이 도로(이하 ‘이 사건 사고장소’라 한다)를 전동카트를 타고 이동하던 중, 6번 홀에서 B이 티샷한 공이 좌측으로 넘어와 원고의 왼쪽 눈 부위를 충격하였고, 그로 인하여 원고가 좌측 폐쇄성 안와골절 등의 상해를 입게 되었다
(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 2, 3, 9, and Eul evidence No. 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. (1) The plaintiff's assertion (1) 1 is an incidental duty under the good faith principle accompanying employment or labor contract, which is accompanied by the defendant's obligation to take necessary measures, such as improving the human and physical environment, so that the plaintiff does not harm life, body, and health in the course of providing his labor, and the accident of this case occurred due to negligence of neglecting his duty of care to prevent the accident, or negligence of neglecting his duty of care to prevent the accident. Therefore, the defendant is liable for the non-performance due to the cause attributable to the plaintiff's employer or performing assistant.2) Even if the defendant's duty to protect the plaintiff is not recognized, the golf course of this case is in a state of failure to meet the ordinary stability, and the defendant's employee is negligent in neglecting his duty of care to prevent the accident, or due to negligence of the defendant's neglecting to install safety facilities.