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(영문) 대전지방법원 2016.12.22 2015가합103337
손해배상(기)
Text

1. The Defendant: (a) from February 28, 2015 to Plaintiff A, Plaintiff B, and C respectively, KRW 21 million; and (b) from February 28, 2015.

Reasons

1. Presumed facts

A. On February 28, 2015, the network D (hereinafter “the network”) lost consciousness while swimminging in the swimming pool of the Jung-gu Daejeon Metropolitan City National Sports Center (hereinafter “instant swimming pool”) operated and managed by the Defendant.

(hereinafter “instant accident”). At the time, the instant swimming pool had no safety personnel.

After other members of a swimming pool discovered the Deceased and drawn it out of the swimming pool, the above members and the swimming pool staff conducted cardiopulmonary resuscitation to the Deceased, and the swimming pool staff reported to 119.

(b)The 119 first responder transferred the Deceased to Tol University Daejeon Hospital, however, at the time of arrival of the hospital, the Deceased was in the condition that he did not food, beer, beer, and breathe;

Ultimately, on March 9, 2015, the Deceased died as a multi-long-term unit on the ground of the In-depth Building.

C. The plaintiff A is the deceased's wife and the plaintiff B and C are the minor children of the deceased.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs asserted that "the defendant, who operates and manages the swimming pool of this case, assigned safety personnel to the swimming pool so that he can immediately take emergency measures and immediately send the swimming pool to the hospital at the time of an emergency. However, at the time of the accident, he did not immediately discover the deceased who lost consciousness as a safety personnel because there was no safety personnel at the swimming pool of this case. If there was a safety personnel at the time of the accident of this case, he could immediately survive due to appropriate emergency measures, but the deceased died due to the above negligence of the defendant, so the defendant is liable to compensate the plaintiffs, who are his heir."

As to this, the defendant.

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