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(영문) 의정부지방법원고양지원 2015.09.02 2014가합55161
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.The following facts do not conflict between the Parties:

D (hereinafter referred to as “the network”) joined the F F F Fitice Center in the third floor of E building in Pakistan operated by the Defendant on October 2, 2013 (hereinafter referred to as “the instant Fitice Center”). On the same day, around 21:12 of the same day, D (hereinafter referred to as “the network”). Around 21:19 first, he was sent to a nearby hospital by the 119 first responder, and died.

B. The Plaintiff B, the deceased’s spouse, and the Plaintiff A and G inherited the deceased’s property due to the death of the deceased.

2. The plaintiffs asserted that the deceased joined as a member of the instant insignia and died in the first day of the commencement of the movement. The defendant should pay 15 million won to the plaintiffs, who are the inheritor of the deceased, in compensation for damages caused by the tort, on the ground that the defendant neglected to explain the deceased in detail the method of use of the sports gear and the method of exercise as a manager of the relevant insignia center, and neglected to assist the deceased in doing so and caused the death of the deceased while doing so.

(4) In addition, there is no evidence to acknowledge the fact that the accident occurred to the deceased by failing to explain the method of using a sports gear, exercise method, etc. to the deceased or neglecting the deceased without attempting to do so, and rather, the following circumstances are acknowledged by the statements in the evidence Nos. 2 through 7, 11, 12, 14, and 15, i.e., ① in the Ha hospital sent by the deceased by the 119 rescue team at the above Fag Center, the date of transmission at around 22:30.

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