logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.28 2016가단245264
손해배상(기)
Text

1. The Defendant: (a) KRW 10,99,712 to the Plaintiff; and (b) 5% per annum from December 11, 2014 to November 28, 2018; and (c) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is the owner and operator of Yeonsu-gu Incheon Metropolitan City C (hereinafter “instant health center”) and the Plaintiff is the above health center user who purchased the instant health center from November 201 to paid user fees by joining the instant health center as a general member.

B. At around 19:10 on December 11, 2014, the Plaintiff was subject to an accident that, while using the dynamic tending movement equipment installed in the instant health center (hereinafter “instant sports equipment”) at that place, the Plaintiff was on the ground that the equipment was emitted from the fixing device of the said sports organization while the body was being boomed, thereby falling into the floor (hereinafter “instant accident”).

C. Due to the instant accident, the Plaintiff sustained injury “The Plaintiff suffered from the injury of “The detailed cerebral Bribery with which there is no open room in the opening, the bones of the closed timber, and the pressure of the closed dynasium of LIs, the bones salt and tensions, slopings, slopings, and T7, and the pressure of the closed dynasium of T8.”

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence 1 to 5 (including additional numbers), entry of Eul evidence 1, testimony of witness E

2. Occurrence of liability for damages and limitation on liability;

A. 1) The Installation and Utilization of Sports Facilities Act determining the cause of the claim (hereinafter “Sports Facilities Act”)

According to Article 24, Article 23, and attached Table 6 of the Enforcement Rule of the same Act, sports facility business entities shall place safety management personnel so that users can use sports facilities safely and pleasantly, and shall ensure that users maintain the order of use at all times in sports facilities, and that various facilities, facilities, equipment, instruments, etc. for users' safety can be used in a safe manner.

The following circumstances revealed by the purport of the above facts of recognition and the entire pleadings, i.e., the instant sports organization, as a sports organization, has a risk of falling down, and there is a risk of falling down with it.

arrow