1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is operating the Gowon Pung-gu Goak Skiki ground located in the Myeondol, Gowon-gu, Jinwon-si.

나. 원고는 2012. 3. 10. 21:40경 휘닉스파크 내 초급코스인 펭귄 슬로프(이하 ‘이 사건 슬로프’라 한다)에서 스노보드를 타고 내려오다가 바닥에 넘어지면서 좌측 상완골 하단 관절 내 분쇄골절의 상해를 입었다.

As a result, there was an obstacle that the scope of the exercise in the left part part of elbow joints was limited to the plaintiff.

(hereinafter referred to as “instant accident”). [Ground of recognition] without dispute, and the result of the commission of physical appraisal to the Director of the Seoul Medical Center by this Court

2. The plaintiff's assertion that the defendant has a duty of care to remove ices from the ices generated from the ices in this case or to take measures necessary to avoid ices by the ski ground users so that the ski ground users can safely escape from the ices.

However, at the time of the occurrence of the instant accident, the Defendant did not take any measure, despite the fact that ice ice ices had been iceed with snow melted in the instant sludge.

The instant accident occurred due to the defect of the Defendant’s installation and preservation of the instant slot.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the accident of this case.

3. Determination

A. The defect in the installation and preservation of a structure of the relevant legal doctrine refers to a state in which the structure does not have safety ordinarily according to its intended purpose, and the installation and preservation of the structure did not have high level of safety to the extent that it maintains the complete state at all times.

the installation or preservation of the structure shall not be deemed to have any defect in the installation or preservation of the structure.

The degree of obligation to take protective measures imposed on a person who installs or preserves a structure means the degree of obligation generally required by social norms in proportion to the risk of the structure.

In addition, the burden of proof on the existence of the defect is the victim.