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(영문) 의정부지방법원 2017.11.29 2016가합57038
손해배상(기)
Text

1. Defendant C: (a) KRW 171,664,120; (b) KRW 169,664,120; and (c) KRW 169,64,120; and (d) each of the above amounts, on June 19, 2016.

Reasons

1. Basic facts

A. The relevant Plaintiffs are parents of the network D (E) and Defendant C is a person who operates water play facilities in the name of “G” (hereinafter “instant workplace”) from Apr. 10, 2016 to Gyeonggi-gun F, and Defendant Pyeong-gun is a supervisor with authority for registration, safety inspection, etc. of water leisure business under the Water-Related Leisure Activities Safety Act.

B. On June 19, 2016, at around 12:23, the Deceased’s Deceased’s death: (a) took his/her body in a luculous kitchen, installed in the instant business site, on a luculous rail, with an accelerator in which he/she was installed; and (b) he/she was found to have been found as a river with a depth of about 3.5 meters; and (c) on the same day, he/she was found to have been rescued in the water at around 13:03 on the same day.

(hereinafter referred to as “instant accident”). C.

On December 15, 2016, the District Court of the relevant criminal case recognized the criminal facts of causing the death of the deceased and sentenced the imprisonment without prison labor for six months for the defendant C who was prosecuted for the crime of occupational negligence resulting in the death of the deceased by occupational negligence, such as where the deceased did not have life jackets and play water, but did not place safety personnel, etc.

(The District Court 2016 Ma4576, hereinafter referred to as "relevant criminal cases") d.

Defendant C deposited KRW 20,000,000 to Plaintiff A as Suwon District Court No. 11637 in a related criminal case on December 7, 2016, and Defendant C deposited KRW 15,000 to each of the Plaintiffs on May 17, 2017 at the same court No. 4217,4218 in the same court on May 17, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 5 (including provisional number; hereinafter the same shall apply), Eul evidence 16, Gap evidence 7-7, Eul evidence 4, and the purport of the whole pleadings and arguments

2. Determination

A. The plaintiffs' assertion 1) Tmpulululse is a water-related leisure business, which is an air injecting-type pipe structure.

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