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(영문) 서울중앙지방법원 2021.01.20 2020가합545998
채무부존재확인
Text

Attached Form

The plaintiff's obligation to pay damages to the defendant due to an accident in the statement does not exist.

Reasons

1. Basic facts

A. At around 11:30 on January 21, 2020, the Defendant suffered from the injury of the end-of-life call lease (hereinafter “instant accident”). B. According to the guidelines for the use attached to the instant sports organization, the user knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

[Ground of recognition] The facts without dispute, Gap evidence No. 1, Eul evidence No. 2, Gap evidence No. 2, Eul evidence No. 2 and 3, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In order to recognize the responsibility under Article 758(1) of the Civil Act of the relevant legal doctrine, the fact that a structure in question is in a state of failing to meet the normal safety requirements should be proven first, and the victim must prove the fact (see Supreme Court Decision 2017Da218208, Aug. 18, 2017). Moreover, the installation and preservation of a structure cannot be deemed as having a defect in the installation and preservation of the structure because it did not meet the high level of safety to the extent that it always maintains the complete state in the construction and preservation of the structure. The degree of the duty to take protective measures imposed on the installer and custodian of the structure refers to the degree that is generally required in light of the risk of the structure (see Supreme Court Decision 91Da37652, Apr. 24, 1992).

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