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(영문) 서울중앙지방법원 2019.04.09 2018나58570
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 27, 2017, the Plaintiff and the Defendant constituted a counter team in the Dsports Center located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and had three to three-three-three-one-three-three-three-three-three dialton-type games.

B. Of the foregoing games, the Defendant, where the other players of the Plaintiff Team were friendly cocks close to the Nitrates, and the Defendant was placed at the place near the Nitcocks, using the opposite negative cocks.

In this process, the Defendant was able to see the Plaintiff’s right eye near the opposite part of the Plaintiff, and the Plaintiff was injured by the slope of the modified body, the free blood transfusion, and the nautical miles of red bonds (hereinafter “instant accident”). On October 31, 2017, the Plaintiff received the removal of the artificial insemination of friendlys, the removal of the free body coloned, the guidance radar, and the artificial insemination fixing the artificial insemination.

[Reasons for Recognition] Each entry in Gap-1, 4, 5, 8, 9 (including various numbers) without dispute

2. The plaintiff alleged by the parties that the accident of this case occurred as the plaintiff had been close to the four sides by the original defendant while he was close to the four sides. The defendant asserts that the defendant is liable for mental suffering suffered by the plaintiff in money due to the accident of this case, since the accident of this case caused the accident of this case by strongly hosting the plaintiff's face to the plaintiff's face.

As to this, the defendant asserts that the plaintiff did not have any injury due to the accident of this case, and that the defendant's act related to the accident of this case did not violate the duty of care of the participant in sports, and therefore, the defendant did not bear any liability for consolation money for the accident of this case.

3. Determination

A. Prior to the occurrence of the liability for damages, the Plaintiff’s injury was recognized as a result of the instant accident, and the Tradton game was a game in the stadium where the NAE is located in the stadium, and even if the NAEEE games were operated in the stadium, it is between the athletes in the field of a shooting game, such as flusing and leading, or the axis, handball, and the NAE.

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