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(영문) 서울서부지방법원 2020.01.30 2019나36381
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On February 26, 2017, around 12:00 on February 26, 2017, the Plaintiff: (a) fell from the Daki ground D Ski ground DSSSSSSSS to the Don, and (b) conflict between the Defendant and the 13th m/ industry at a 20-meter left side and the 20-meter direction.

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

As a result of the instant accident, the Plaintiff suffered from the injury of the pelletlet, the full-time representative of the left-hand slot, the internal side of the pellet, and the external half of the pellet.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. A person who gets a skiing from a public slot, along with several persons causing damage liability, has the duty of care to safely get a skiing by taking into account his/her front and right and right and right and right and right so that he/she can avoid a collision with other skiing vessels.

Comprehensively taking account of the purport of the entire arguments as seen earlier, the Defendant, while making a short circuit, has been slicked as a short intern. As such, the Defendant seems to have taken a skiing behind the Plaintiff, in light of the fact that the distance of movement is much shorter than that of the Plaintiff who set off slicks into slicks. In this case, the Defendant neglected his duty of care to safely select a skiing and safely choose a speed or course to avoid collision with the Plaintiff, by taking into account the Plaintiff’s move to slicks as seen earlier, and thus, it is recognized that the instant accident occurred.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident pursuant to Article 750 of the Civil Act.

However, the following circumstances, in other words, the evidence, the statement No. 3 (including paper numbers), the physical examination of the E Hospital Head of the court of first instance, the results of the physical examination of the E Hospital Head of the court of first instance, and the overall purport of the oral argument of the E Hospital Head of the court of first instance as of September 19, 2018.

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