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(영문) 서울동부지방법원 2019.11.29 2017가단131043
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts of the basis are as follows: (a) the Defendant runs accommodation business under the trade name of “D Condo” (hereinafter “D Condo”); (b) the Plaintiff was accommodated in the instant Condo with three friendship-dong on July 15, 2016; and (c) the instant Condo has an outdoor swimming pool (hereinafter “instant swimming pool”) on the instant Condo; (b) the Plaintiff was able to obtain the head from head by ice ice ice at around 22:42 on the same day; and (c) the Plaintiff suffered loss from the aftermast disorder on the floor (hereinafter “instant accident”); and (d) the fact that the Plaintiff suffered from the aftermast disorder on the floor was not disputed between the parties or recognized by taking into account the overall purport of pleadings.

2. The plaintiff asserted and judged that although the depth of the swimming pool of this case was stated 110 centimeters, it was merely 60 centimeters in fact, the guidance signs for prohibition of ice was not well visible or insufficient, there was no safety simple installation for the prevention of ice ice ice, there was no safety personnel placement and implementation of safety education and appropriate relief measures, and the defendant did not actively go against the plaintiff even after the use period of the swimming pool was expired, there was a defect in the installation and preservation of the swimming pool of this case, or there was a violation of the defendant's duty of safety consideration or duty of protection for the users of the swimming pool of this case, and therefore, the accident of this case occurred. Thus, the defendant asserts that he is liable to compensate for damages caused by the accident of this case caused by the plaintiff.

In other words, the following circumstances recognized by the overall purport of each film and pleading of Gap evidence 3, Eul evidence 1-3, Eul evidence 1-2-1-5, Eul evidence 4-1-5, Eul evidence 5-1-5, Eul evidence 6-1, and Eul evidence 6-2, namely, the swimming pool of this case is 11 meters wide, 11 meters high, and 77 centimeters high, and the depth is about 60 centimeters high, and the depth is diving down only to the extent below the buckbucks by adult males of the average height.

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