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(영문) 대구고등법원 2015.10.08 2014나23240
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of Gap evidence Nos. 1, Eul evidence Nos. 1, 2, 5, and 14 (including the whole number, if any), the testimony of the witness F of the first instance trial, the testimony of the plaintiff F of the first instance trial, the results of the personal examination of the plaintiff A of the first instance trial, and the whole purport of the pleadings.

Plaintiff

B and C are the parents of Plaintiff A, and Plaintiff D and E are the siblingss of Plaintiff A, and the Defendant is the operator of the Olute Art located in Thai City 861, Thai City 861.

B. At around 20:10 on December 30, 201, Plaintiff A: (a) skid from gro 2 skids in the Austria (hereinafter “skidskids” in this case) to gro 2 skids (628m in total length, 628m in total length, 83m in average width, 172m in front, average slope 27m in average slope); (b) skids from skids on the right side of the upper part, 2/5 point in skids.

However, the F, who was getting off and getting out of Skis, was shocked by the Plaintiff and suffered from the injury of the Plaintiff, such as Habama, etc.

(hereinafter “instant accident”) 2. Determination as to the occurrence of liability for damages

A. The plaintiffs asserted that the defendant, as the owner and manager of the skiing ground of this case, has a duty of care to manage the slovas surface so that the surface of the slovas does not appear for the safety of users, and to refrain from using the slovas course as the slovas ground of this case.

Nevertheless, the defendant neglected this and caused the accident of this case, and thus, pursuant to Article 758 or 750 of the Civil Code, the defendant is responsible for compensating the plaintiffs for damages as stated in the purport of the claim.

B. (i) Whether there is a defect in the installation and preservation of slots or not, the term “defect in the installation and preservation of a structure” under Article 758(1) of the Civil Act refers to a state in which a structure is in a state of failing to meet the ordinary safety requirements according to its intended purpose. Therefore, the determination of whether such safety requirements are satisfied.

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