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(영문) 서울동부지방법원 2016.12.23 2015가합110223
손해배상(기)
Text

1. The Defendant: KRW 39,342,924 for the Plaintiff and KRW 5% per annum from February 22, 2014 to December 23, 2016; and

Reasons

1. Basic facts

A. On February 22, 2014, around 17:28, 2014, the Plaintiff, at the Dog-si Dog-si Dog-ri 540, was boarding a skiing from the skiing ground in the Dog-ri Dogri 540, to the lower part of the skiing. The Defendant, at the same time and at the same place, was going to the lower part of the Sgrad in accordance with the instant Sg.

B. On the right side of the running direction of the Plaintiff, the Defendant is proceeding toward the right side below the right side of the Plaintiff’s right side, and the Defendant did not avoid the Plaintiff and did not conflict with the Plaintiff (hereinafter “instant accident”).

C. At the time of collision, at the time of the collision, the defendant was kneeing the plaintiff's knee with two legs and kned, the plaintiff was faced with the floor, and the left shoulder was faced with the floor, and due to this, the defendant suffered from the other parts of the upper knee set and the structural part of the other parts of the upper knee.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 7, 10, Eul evidence 2 (including each number; hereinafter the same shall apply), Gap evidence 3, Eul evidence 1 and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the defendant was negligent in neglecting his duty of care to prevent conflict with the plaintiff who is going to go to and approaching the SIS course by examining the surrounding areas in getting on and driving the SIS on the SIS, and due to such negligence, the plaintiff is liable to compensate the plaintiff for damages caused by the above tort.

B. However, the following circumstances acknowledged by the aforementioned evidence, i.e., the Plaintiff, as a result of getting a skiing from the slves of this case, went through a somewhat large Slves, and accordingly, it is difficult to avoid collision with the Defendant, who was suffering from the said situation.

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