The case denying liability for damages on the ground that the victim's gross negligence in spite of the defects in the installation and preservation of the protective pension site, where the victim of the Skid Skid's career 1 week skid skid skid skid skid skid skid and skid skid skids

The case denying liability for damages caused by tort on the ground that the accident was caused by the gross negligence of the victim, even though there was a defect in the installation and preservation of the ski ground's protection pension site, in the case where the victim of Ski ground experience one week, wearing Ski ground in violation of the provisions of the ski ground prohibition, was caused by the gross negligence of the victim in the event that the ski ground's protection pension site operation company was involved in driving the Ski ground.

Article 758(1) of the Civil Act

Kim Jong-dae et al. (Attorneys Shin Jae-nam et al., Counsel for the defendant-appellant)

Defendant (Attorney Kim Young-hoon, Counsel for the defendant-appellant)

1. All of the plaintiffs' claims are dismissed.

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

The defendant shall pay 95,420,723 won to the plaintiff Kim Jong-dae, 40,000 won to the defendant Han-sik, 10,000 won to the defendant Kim Jong-sik, 10,000 won per annum from January 4, 1992 to the date of this decision, and 25 percent per annum from the next day to the date of full payment.

1. Basic facts

The following facts may be acknowledged in full view of the evidence Nos. 1 (Nos. 1), 2 (Report on Occurrence of Alley Patients), 3 (Medical Examination), 8 (Notification of Content Certification), 1-1 through 3 (name omitted), 5-1, 2 (Indication and Contents of Medical Practice), 9-4 (each photograph), 9-4 (each photograph), 1-3 (name omitted), 1-1 through 3 (name omitted), 5-1, 5-2 (name mark and Contents of Medical Practice), and 9-4 (H), and the whole purport of the oral argument as a result of on-site verification by the party members:

A. At around 12:00 on January 4, 1992, the Plaintiff Kim Jong-dae suffered injury, such as the left-hand fluordation, pulverization, etc., by collisioning with the steel preparations of the protective fences installed on the left-hand side of the Defendant’s running ( Address omitted), where the Defendant was located, (name omitted), where he was fluord from the (name omitted), where he was fluord, and he was fluding from the (name omitted), where he was fluding the stroke, and fluding the (name omitted) where s

B. The above (name omitted) slot line is the length (number omitted), the height (number omitted), the upper (number omitted), the average slope level (number omitted), the higher level and the second degree of slope. The accident site is the point of 10.8m in width at a distance of 538 meters from normal circumstances, the gradient of 4∑ 4 degrees, and the left-hand course in the right-hand side based on the getting direction. The left-hand side of the steel pole was built of a steel pole in order to prevent the fall into an acute slope where trees are planted, and there was no protective device to mitigate the shock in the case of a conflict of users.

C. The plaintiff Han-sik is the wife of the plaintiff Kim Jong-Un, and the plaintiff Kim Jong-sik and Kim Jong-sik are children of the plaintiff Kim Jong-Un.

2. Judgment on the plaintiffs' assertion

A. The plaintiffs' assertion

As the cause of the instant claim, the Plaintiffs asserted that: (a) as a person operating a skiing ground, the Defendant: (b) was equipped with a safety net at all times with a sufficient amount of snow and ice; and (c) at the place where users are likely to deviate from the course; (d) at the time of the instant accident, the site of the instant accident was very rough and sicking; (b) at the time of the instant accident, the steel materials of the protective wall was installed without any shocking device; (c) the Plaintiff Kim Jong-Un was faced with this and suffered such injury; and (b) the safety personnel assigned the patrol to check the state of the snow and skif’s ice and the state of the skif’s ice and to promptly transport the wounded; and (b) the safety personnel neglected patrol at one hour after the accident or the injury of the Plaintiff Kim Jong-man; and (d) the Defendant had a duty to compensate the damages late due to the defect and the injury of the structures.

(b) Markets:

(1) Determination of employer liability

In full view of the following facts: (a) part of the testimony by the witness stand 1, 2, and 2 (accident report), 3-No. 4-1, 4-2 (daily allocation status marks and contents of the witness stand 4-2) and the testimony by the witness stand 4-1, 2 (daily placement status marks and contents of the witness stand 4-2); (b) at the time of the accident, the defendant placed 20 safety staff at the whole of the above (name omitted), and there is no evidence to acknowledge it differently; (c) the above testimony by the witness stand 5-1, 2, and 3-2 (accident report), and the above testimony by the witness stand 4-1, 4-2 (daily allocation status marks and contents of the witness stand 4); and (d) the above testimony by the witness stand 20 safety staff at the time of the accident, which was the site of the accident, the defendant did not have any duty to establish the plaintiff stand 1, 200 and the defendant did not have any duty to inspect the above part of the witness stand immediately after the accident.

(2) Determination of defects in the installation and preservation of structures

First, in the accident scene at the time of the accident at the time of the accident at this case, some of the testimonys of the witness stander, which seems consistent with this, is not trustable, and there is no other emphasis on recognizing it.

Next, with respect to what installation and preservation defects exist in the above protective pension, the above protective pension shall be prepared with the iron pole, and the protective pension shall be installed between the iron pole and the protective network consisting of plastics, and in the case of conflict between the users, there was no device to mitigate the shock with the steel pole, and the fact that the plaintiff Kim Young-young suffered the above injury due to the shock while conflicting with the steel pole is found in the above basic facts.

The defect in the installation and preservation of a false structure refers to the defect in the construction and preservation of a structure, which lacks ordinary safety, and the defendant is obliged to compensate for the damages suffered by the plaintiffs, in light of the fact that the users, while playing the above (name omitted) slick and leaving the course, installed a protective pen in order to prevent the fall, they could have sufficiently anticipated that the users conflict with the above protective pen box. Thus, the injury inflicted before the plaintiff Kim Young-gu, as seen above, is caused by the defect in the installation and maintenance of the above protective pen which failed to take all protective measures to prevent the occurrence of the accident, by installing a device to mitigate the shock, and thus, unless there are special circumstances, the defendant is liable to compensate for the damages suffered by the plaintiffs.

On the other hand, the defendant asserts that the accident of this case was caused solely by the plaintiff Kim Jong-Un's negligence and that the defendant is not liable to compensate for the damage. Thus, the above (name omitted), slick (number omitted), slick (number omitted), average slope level (number omitted), and skkis for the higher level and the middle level of the defendant. The above accident site is as follows: 10.8 meters in width at a distance of 538 meters from normal circumstances, and the gradient of 4∑ 4 above. The above basic facts are as follows. Considering the witness testimony and on-site inspection of the party members, the defendant Kim Jong-dae was not responsible for the accident of this case, and the defendant's experience at the time of the accident of this case was about 9 years old, slick-gu was merely one week, and the defendant's above (name omitted omitted), and the defendant's defendant's above accident of this case was prohibited from wearing slick-gu's experience and the defendant's testimony of this case was not accepted.

3. Conclusion

Therefore, the plaintiffs' claims shall be dismissed without any further review as to the remaining points, and it is so decided as per Disposition by applying Articles 89 and 93 of the Civil Procedure Act to the burden of litigation costs.

Judges Park Jong-woo (Presiding Judge)