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1. The Defendant’s KRW 107,385,344 as well as its annual rate from July 13, 2013 to November 18, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant, while operating the pen called “D” located in Pyeongtaek-gun, Gyeonggi-do, installed a swimming pool of 5 to 6 meters in width, 10 meters in length, and 1.1 meters in average water depth (hereinafter “instant swimming pool”) and offered it to pentine users.
B. Mag-gu, etc. on July 13, 2013 and the Plaintiff playing in the above penta shall do ice by obtaining ice from head 1.3 meters in depth on the day of the instant swimming pool at around 18:00.
The accident facing head on the floor of a swimming pool (hereinafter referred to as the "accident of this case") occurred, and as a result, there is an injury such as the 6th drilling and the 5-6 Gyeong-gu Gyeong-gu Gyeong-gu Gyeong-gu Gyeong-gu Gyeong and the 5-gu Gyeong-gu Gyeong-gu Gyeong-gu Gyeongg
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 2, 4, Eul evidence No. 4-1, 2, 3, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The plaintiff asserts that the defendant is liable for damages to the plaintiff since he violated the duty of care to take safety measures, such as posting safety personnel or installing an appropriate guide sign, inasmuch as he/she has a duty of care to take safety measures in the event that he/she does not have the average depth of the swimming pool of this case as he/she is merely 1.1 meters of the average depth of the swimming pool of this case, and he/she obtains from his/her head.
The Defendant asserts that the swimming pool of this case is not a sports facility under the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”), but a convenience facility provided to the guests of the instant pen, and thus does not have a duty to assign safety personnel, and it was installed with a safety rules board that contains the contents of prohibition of ice ice ice dice dice dice dump and drinking water dump.
B. Evidence presented in the above-mentioned basic facts that the defendant's liability for damages was created, evidence Nos. 13, evidence Nos. 1, 26 (including paper numbers), and all pleadings.