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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from July 14, 2013 to June 28, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the operator of D, which is a rural horse riding facility under the Promotion of the Horse Industry in Ischeon-si, the Defendant is a member of the club using the instant horse riding club.
B. On July 14, 2013, at around 10:00, the Plaintiff was a horse riding at the instant horse riding track, and the Plaintiff was an accident that fell from the horse on the wind, where the horse was cut off, and the horse was cut off from the horse on the wind, unlike the body of the Plaintiff, (hereinafter “instant accident”).
The Plaintiff suffered from injury, such as blood transfusion, due to the instant accident.
C. At the time of the instant accident, there was no safety personnel assigned to the instant horse riding track.
The Defendant was issued a summary order of KRW 4,00,000 at the Women's Branch of Suwon District Court due to the fact that the Defendant violated the duty of care to prevent the injury of users by placing safety personnel in the instant riding track. The said order was finalized on June 11, 2015.
The plaintiff is a person who has at least three years of riding experience.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, 8, Eul evidence 1 to 3 (including each number, if any, including each number; hereinafter the same shall apply), witness E, and F's testimony, the purport of the whole pleadings and arguments
2. Occurrence of liability for damages;
A. According to the facts of recognition as the basis for liability for damages, since the defendant manages and operates the horse race of this case and there exists a danger of the horse race accident, it is reasonable to view that the defendant committed an act of neglecting his duty of care to provide safety education to the users and to assign a person with a legitimate certificate as safety personnel to prevent accidents. Since proximate causal link between the defendant's breach of duty of care and the occurrence of the accident of this case is recognized, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case due to tort.
(b) limitation of liability;