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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is in charge of the pelper under the jurisdiction of the C pelper Team (hereinafter “Plaintiff’s stable team”). The Defendant is in charge of the attack number under the jurisdiction of the “D Team” (hereinafter “Defendant’s stable team”).
B. On June 14, 2016, the Plaintiff’s stable team and the Defendant’s stable team were engaged in a friendly sports in the FF Stae Staz in Busan-gun EF Staz.
위 축구경기 중 피고가 원고 축구팀 골대 근처로 공을 몰고 가 슛을 하는 과정에서, 피고의 오른쪽 무릎과 공을 막으려고 슬라이딩을 하는 원고의 오른쪽 눈 부위가 충돌하는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.
C. The Plaintiff suffered injury under the real name of the right eye, such as inside and outside heat, snow heat, and wave heat, due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. 원고의 주장 피고는 이미 골대를 향해 슛을 한 상태에서 넘어져 있던 원고를 충분히 피할 수 있었음에도 불구하고 고의 또는 중대한 과실로 원고의 오른쪽 눈을 가격하였다.
The above defendant's act is evaluated as an illegal act beyond the limit permitted by social norms, and the injury suffered by the plaintiff also exceeds the degree of injury that can be anticipated by the participant in sports.
Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.
3. Determination
A. A person who participates in a related legal sports event may vary due to his/her own act, and thus, he/she is obliged to pay safety consideration, which is the duty of good faith, to ensure the safety of the life or body of other athletes, etc. in compliance with the sports rules.
However, it is a form of sports or a large number of players whose price for the counter players is mainly formed, such as decentralization or Taekwondo, through physical contact in one area.