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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. In full view of the facts based on Gap evidence No. 3 and the fact-finding conducted by the court of first instance on Samsung Fire and Marine Insurance Co., Ltd., the purport of the entire pleadings (excluding the part of the No. 11) in the entire pleadings (including the fact that there is no dispute) as a result of the fact-finding on May 14:06, 201, the plaintiff referred to as the "ice ice ice Track listed less than B that the defendant entrusted the operation to the B Facilities Management Corporation."
In this case, while shocking is reported, "the accident of this case," which is "the accident of this case," which is "the wind, which is covered by the ice shield part of the cophere of the ice rink, is an accident of which the ice rink is covered by the ice rink."
may be recognized as having occurred.
2. Judgment on the plaintiff's assertion
A. The gist of the Plaintiff’s assertion that the instant accident occurred due to the defective condition of the maintenance, such as the ice ice ice rinking at a corner and the ice ice rinking at the location of the instant accident including the instant accident site. As such, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 18,50,000,00 for the property and mental damage suffered by the Plaintiff due to the instant accident pursuant to Article 758 of the Civil Act as the possessor and the owner of the structure, or the user of the staff in charge of the maintenance of ice rinking.
B. 1) First, determination of the Plaintiff’s above assertion (1) refers to a state where a structure fails to have safety ordinarily required according to its intended purpose, and whether the installation or preservation of the structure has fulfilled the duty of prevention of danger to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 2012Da48916, Feb. 26, 2015).