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1. The Defendant’s KRW 6,952,472 with respect to the Plaintiff and KRW 5% per annum from January 12, 2019 to January 14, 2020.
Reasons
1. Basic facts
A. On January 12, 2019, around 11:35, the Plaintiff was released from the Rads 4 skids from among the skiing courses in the Jeonju-gun, U.S., U.S., and the Defendant, who was getting off the snods, was shocked by the Plaintiff at the later bank.
(hereinafter “instant accident”). (b)
이 사건 사고로 원고는 전치 12주 이상의 좌측 슥관절 전방십자인대파열의 상해를 입었고, 2019. 1. 22. 좌측슬부 외측반월상연골 응축술 및 전방십자인대재건술을 받았다.
【Ground for recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. In the case of using slots in a skiing ground, the Defendant breached its duty of care to see the front door well and not to conflict with others, but the Defendant breached its duty of care in violation of this.
Therefore, the defendant is liable for compensating the plaintiff for the damages caused by the accident of this case under Article 750 of the Civil Act.
In regard to this, since the accident of this case occurred while the defendant had a direction to avoid collision with a third party, the accident of this case was intended to avoid an urgent danger and thus cannot be held liable to the defendant pursuant to Article 761 (2) of the Civil Act. However, it is insufficient to recognize that the evidence submitted by the defendant alone was in place to avoid an imminent danger, and there is no other evidence to acknowledge this otherwise.
Therefore, we cannot accept this part of the defendant's argument.
B. The limitation of liability: (a) comprehensively taking account of the evidence mentioned above and the evidence set forth in Nos. 2 through 4, the fact-finding inquiry results from D, and the overall purport of the arguments, the radar course in which the accident of this case occurred is the highest degree of difficulty in domestic highest gradient (70% average gradient), and (b) where the accident stops in the middle of the skiing course, it differs from the edge of the slot course.