1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The Defendant, while operating the pen (hereinafter “the instant pen”) with the trade name “G” from the NAB-gun F of North Korea owned by himself, provided outdoor swimming pool (hereinafter “the instant swimming pool”) as ancillary facilities to the visitors.

B. On June 18, 2016, Plaintiff A arrived at the instant pen with his/her family members and took water play in the instant swimming pool. At around 17:00, Plaintiff A suffered an accident where he/she was faced with trees on the bottom of the swimming pool (hereinafter “instant accident”).

C. The Plaintiff A suffered injuries, such as damage to the brue of light water and the brue No. 5, due to the instant accident, and is now dead in the state of the brue.

Plaintiff

B is the spouse of the Plaintiff A, and the Plaintiff C and D are the children of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, 18 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Defendant asserted that the instant swimming pool was owned and operated by the Defendant, who had been installed with the instant swimming pool, had a duty of care to keep the users of the instant swimming pool from accidents by posting a notice stating the matters of caution, such as the prohibition of diceing, at a conspicuous place around the instant swimming pool, or verbally notifying the users of the instant swimming pool of its precautions, by posting safety personnel, and by placing safety personnel, supervising safety accidents by properly maintaining the height of the water of the instant swimming pool so as to prevent accidents from occurring to the public. However, the instant accident occurred due to negligence, even though there was a duty of care to prevent accidents to the public.

Therefore, the defendant is liable for the violation of the structure liability under Article 758 of the Civil Code, the duty of safety consideration under the pension use contract, or the tort liability under Article 750 of the Civil Code.