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(영문) 부산지방법원동부지원 2016.11.30 2016가단213451
손해배상(건)
Text

1. The Defendant: (a) KRW 1,00,000 for each of the Plaintiff A and each of the said money to Plaintiff B and C; and (b) January 15, 2016 for each of the said money.

Reasons

1. Basic facts

A. The plaintiff A is a student who was in the fourth grade of the E elementary school located in Busan Shipping Daegu D.

On July 9, 2014, the above school provided field classes for 170 students in the F swimming pool in D (hereinafter “instant swimming pool”) for 170 students in the fourth year, and six school teachers led 170 students in total.

B. The swimming pool of this case is divided into a horizontal pool of 25 meters, vertical length of 13 meters, adult pool of 120 to 147cm, and infant pool of size of 120 to 147cm. In preparation for the above field classes, the Defendant placed three safety management personnel, such as Defendant G and H, in the swimming pool of this case. In response to the above field classes, three safety management personnel were assigned to the swimming pool of this case, and 45cm in height on the floor of part

C. Students were unable to undergo swimming in accordance with the direction of safety management personnel belonging to the Defendant for about 30 to 40 minutes, and students were able to play water in the infant pool, and were engaged in sprinking and sprinking practice from adult pool.

After that, students freely play water, and students at the time did not wear particular life jackets, such as life jackets and tubes. D.

Plaintiff

A, while receiving a swimming from the adult swimming of the instant swimming pool, a physical part of the body was creshed between sub-markets, caused an accident that does not come within water for a period of 10 to 20 seconds (hereinafter “instant accident”), and H discovered it, and then sent it to the Plaintiff to an emergency room.

E. On July 9, 2014, Plaintiff A was diagnosed with pulmonary blood, acute wastewater species, waste convergence, etc., which requires approximately 35 days’ medical treatment at the Incheon National University Shipping Bagy Hospital.

F. Plaintiff B and C are the parents of Plaintiff A, and the Defendant is the insurer who concluded a liability insurance contract for sports facility business entities (hereinafter “instant insurance contract”) with Plaintiff I, the operator of the instant swimming pool.

G. Plaintiff A is paid KRW 5,00,000 as criminal conciliation between J and Staff H of the instant swimming pool by January 30, 2015.

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