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(영문) 의정부지방법원 2017.03.15 2015가합400
손해배상
Text

1. The Defendants jointly share KRW 24,500,000 for each of the Plaintiffs and each of them, from December 13, 2014 to April 2, 2015.

Reasons

1. Basic facts

A. The Plaintiffs are parents of the deceased net F (G.G.) due to the following accidents.

Defendant C is a person who is an operator of the I swimming pool in Dong-gu, Dong-gu, H6 (hereinafter referred to as “the swimming pool in this case”), who is in charge of the organization and placement of water safety personnel, and safety management affairs, and Defendant D is a person in charge of the division of duties, organization, and management of the swimming pool in this case, and Defendant E is a person who works as a swimming instructor and water safety personnel in the swimming pool in this case.

B. On December 13, 2014, around 13:00, the F purchased a right to use the instant swimming pool, and entered the instant swimming pool, and carried out water play together with the sentenced person J (K) and the sentenced person’s body. On the same day, the F carried out water play by entering the swimming tank for adults without wearing protective equipment, such as the fitness and the kick board. On the same day, around 13:55, the F was found to have been missing and taken out of the water.

After December 16, 2014, F was killed in the heart due to low oxygen cerebral brain damage, around 05:55 on December 16, 2014, while the F was transferred to a hospital and received treatment.

(hereinafter referred to as the “instant accident”), and the network F is referred to as “the net” (hereinafter referred to as “the network”).

The status of the swimming pool in this case and the depth of the swimming pool in the condition of safety measures are about 80 cm in the case of swimming for infants, and about 120 cm in the case of swimming for adults.

The accident date of this case was Saturdays, and there was no swimming lessons on the swimming pool of this case, and only those who purchased free right to use.

In accordance with the safety and sanitary standards prescribed by the Enforcement Rule of the Installation and Utilization of Sports Facilities Act, the swimming pool of this case shall be placed at least two water safety personnel who have received education on water safety conducted by the Korean Red Cross, the swimming pool association, etc., at the time of the accident.

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