1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Defendant is a legal entity that operates a golf course, swimming pool, etc. in Jeju City, and a sports facility “Driart” (hereinafter “Driart”). The Defendant’s employee is the head of the management and operation general headquarters who is in charge of the safety management of various facilities in the instant Riart.

나. 이 사건 리조트 2층 객실 211호에 투숙하던 원고는 2014. 9. 22. 00:15경 이 사건 리조트 1층에 있는 실내수영장을 통해 야외공원으로 나가던 중 전등이 켜져 있지 않은 깜깜한 실내수영장에서 물이 모두 빠진 깊이 약 1.5m의 풀장을 식별하지 못하고 위 풀장의 콘크리트 바닥으로 추락하여 약 14주간의 치료를 요하는 요추 제2번 방출성 골절상을 입었다

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

In relation to the instant accident, E was prosecuted for the crime of bodily injury by occupational negligence (the summary of the crime is as follows) in Jeju District Court Decision 2015Kadan1505, and was sentenced to imprisonment without prison labor for April and one year of suspension of execution from the above court on May 4, 2016, and appealed as Jeju District Court 2016No262, and was sentenced to a fine of KRW 9,000,000 from the above court on December 8, 2016. This was finalized on December 16, 2016.

"E on September 22, 2014, at around 00:15, in the indoor swimming pool on the first floor of the instant cooking site, at the time the operation period of the indoor swimming pool expires, all water in the indoor swimming pool was drained, and the indoor swimming pool was closed. The depth of the swimming pool is approximately 1.5 meters, its floor is constructed with concrete, and it is in the form of a string, and the outer swimming pool is attached to it, so a customer who is aware of this fact was down to the indoor swimming pool without viewing it into the indoor swimming pool at night and was in danger of being injured. In such cases, E shall correct the indoor swimming pool at all times and control the customer's entry by controlling the indoor swimming pool.