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(영문) 대전지방법원홍성지원 2020.01.07 2019가합30225
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 87,307,010 to the Defendant (Counterclaim Plaintiff) and its related amount from October 22, 2017 to January 7, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On October 22, 2017, the Plaintiff and the Defendant constituted one team at the Cgymna located in Boan-si on October 14:30, 2017, as members of the Egymna-dong Association in Boan-si, and had Egymna-style dymna-style games.

B. In the game, ocks sent by the other party to the head of the Defendant, the Defendant, and the latter moved to the latter by sucking cocks after scocks. The Plaintiff, which was behind the Defendant, was scocked with the Defendant’s left eye in the cocket that the Plaintiff was scocked and scocked, and the Defendant suffered injury, such as scocks under the middle of the scock.

(hereinafter referred to as “instant accident”). [The grounds for recognition] did not dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence No. 1, and the game in the field where the NAE is responsible for the burden of compensation for the purport of the entire pleadings, and the game in the field where the NAEs are located in the field. Although a NAE-type game is a NAE-type game, it cannot be deemed that frequent physical contact or collision between the athletes is anticipated in the field of a shooting match, such as nasing, rasing, inducement, etc., or large-scale sports event, handballs, and farming districts, etc., even if the Dog-type game is a Dog-type game, which is rapidly proceeding in a narrow space, and thus, it is a game that can price the body of the other team members or the same team members, or cause harm to the other team members or the same team members, due to a mistake in the shape or the net judgment of the players.

In this context, comprehensively considering the general duty of care for life, body, and property of others (Article 750 of the Civil Code), athletes who participate in the Edrid match game (in particular, e.g., uniform athletes) have a duty of safety consideration, which is the duty of care, under the good faith principle, to ensure the safety of life and body of other athletes, and such duty of care is violated.

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