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(영문) 대전지방법원 2018.10.18 2017가합107708
손해배상(기)
Text

1. The Defendant’s each of the Plaintiffs’ KRW 143,703,625 as well as 5% per annum from September 1, 2018 to October 18, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties 1) The Plaintiff A is the network D (EE; hereinafter “the network”).

2) The Defendant is a juristic person operating the Gangwon-do F Hotel for the purpose of casino and tourism and leisure industry (hereinafter “instant hotel”).

B. (1) The Plaintiffs, the Deceased, and the Deceased’s Dong G were accommodated in the F Hotel on August 30, 2017, and around September 13:12, 2017, the Defendant’s swimming pool installed and operated in the F Hotel (hereinafter “instant swimming pool”).

2) On the same day, at around 15:07, the deceased entered a swimming pool for young children in the instant swimming pool (0.4m of depth) with G, and entered a swimming pool for young children in the neighborhood (1.3m of depth). On the same day, at around 15:15, the deceased was discovered by other users who used the swimming pool for adults and transferred it to the hospital. However, at around 15:50, there was an accident that the deceased died as it is due to the cardiopulmonary suspension (hereinafter “instant accident”).

C. At the time of the instant accident and at the time of the instant accident, H and I had been working as water safety personnel on the instant swimming pool at the time of the instant accident, and at the time of the instant accident, H and I had been working as water safety personnel. However, H and I did not have continued to monitor the overall use of the instant swimming pool at a place where it is possible to monitor the overall use of the swimming pool, and did not have any other work within the goods purchase unit installed on the instant swimming pool. H had only a limited place between the adult swimming pool and the infant swimming pool installed on the instant swimming pool and the infant swimming pool. H and I did not fully recognize that both of H and I had been moved from the swimming pool for young children to the adult swimming pool, and were found by other users and was rescued.

On the other hand, H is on the installation and utilization of sports facilities.

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