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(영문) 서울중앙지방법원 2015.11.03 2015가합515955
손해배상(기)
Text

1. All of the appeals filed by the plaintiff A, B, and the succeeding intervenor A against the defendants shall be dismissed.

2. Plaintiffs C, D, and E.

Reasons

1. Facts of recognition;

A. Defendant F is operating a trade name “H” in the Gyeonggi-gu G Ground Building, Gyeonggi-do, and the above pention has a swimming pool, etc. as an ancillary facility.

B. Defendant Nonghyup Property Insurance Co., Ltd. (hereinafter “CF”) is an insurer who has concluded a liability insurance contract with Defendant F and sports facility business entities. The maximum amount of the general terms of the above insurance contract is KRW 100 million per person, KRW 100 million per accident, and KRW 100 million per person per premises, and the maximum amount of the special terms of the premises medical expenses is KRW 10 million per person and KRW 10 million per accident.

C. From August 18, 2012 to around 13:00 on August 18, 2012, Plaintiff A used an outdoor swimming pool (hereinafter “instant swimming pool”) which is an ancillary facility, while staying in the above penta (hereinafter “instant swimming pool”) with the land’s and his family members, Plaintiff A was faced with head on the floor of the instant swimming pool (hereinafter “instant accident”). D.

As a result of the instant accident, the Plaintiff A suffered damage to the scarcity dysysysysysysysysysysysysysysy, and

E. Plaintiff B is the wife of Plaintiff A, and Plaintiff C, D, and E are the children of Plaintiff A.

F. From June 25, 2015 to August 2015, the Plaintiff’s succeeding intervenor paid KRW 11,535,950 to the Plaintiff, a beneficiary of the National Pension, a total of the disability pension due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, 6, Gap evidence 9, 10, Eul evidence 3 and 5, and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is low in the depth of the swimming pool of this case and there is a risk of accidents in the event of narrow ice ice. Defendant F is a person operating a pen with the swimming pool of this case, who notifies the safety personnel or users of the ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice Doing the attention of the users of the swimming pool of this case.

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