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(영문) 수원지방법원 안산지원 2018.01.25 2016가합8968
채무부존재확인
Text

1. On July 19, 2015, in D located in Chungcheongnam-gun C, Chungcheongnam-gun, Chungcheongnam-do, the Defendant attempted to make an emergency landing.

Reasons

1. Basic facts

A. At around 11:00 on July 19, 2015, the Defendant, along with the Plaintiff, who is the pilot of the crowdfunding-based flight, committed a package-based flight.

B. Since there exists a risk of an ordinary accident in the package trading, and the experience flight is ordinarily common in the absence of or small participation in the general public, there was a duty of care to safely conduct experience flight only in cases where it is deemed safe after checking closely the direction of wind and the intensity of the wind, etc. before the flight, only if it is deemed safe after checking the possibility of the occurrence of safety accidents, the occurrence of an accident, the type of and methods for responding to the occurrence of an accident, the behavior to be done by passengers at the time of the flight, the cooperation among files number of files, etc., by providing sufficient safety education to passengers in advance, and making a detailed instruction on the possibility of occurrence of safety accidents, the occurrence of an accident, the method of responding to the occurrence of an accident, the conduct to be done by passengers at the time of the flight, etc.

Nevertheless, the Plaintiff did not sufficiently check whether the crowdfunding equipment has been abnormal or not, and did not fully examine the direction of wind and the intensity, etc., the Plaintiff made a experience flight to the Defendant and caused the Defendant to fall off on trees and the upper part while making an emergency landing, without conducting sufficient safety education. It merely stated, “I see that I do not stop or take off during the landing. I believe that I do not do so.” However, without conducting sufficient safety education, the Defendant was on the part of the negligence of taking off and attempted to take off in a gas, and thus, the Defendant was forced to fall off on the upper part, while making an emergency landing.

(hereinafter referred to as “instant accident”). C.

As a result of the instant accident, the Defendant suffered injury to the left-hand side of the entire area, such as duplicating and duplicating adjacent to the inner area, which requires treatment for about eight weeks.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, 7, 8, Eul evidence 1, 2, 6.

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