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(영문) 수원지방법원안산지원 2020.01.17 2018가단69045
채무부존재확인
Text

1. In relation to the accident described in the attached list, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is assessed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running a D resting area (on the instant resting area) in Echeon-si C (hereinafter “instant resting area”).

B. At around January 22, 2015, at around 18:25, the Defendant was making a hamper card at the general information center at the above D resting area. However, the Defendant was faced with an accident involving the Defendant’s et al. from the rest of the play-based wild boars, and the Defendant was faced with the accident involving the Defendant’s et al. (hereinafter “instant accident”).

C. The Defendant suffered injuries due to the instant accident, such as salt ties, tensions, dystrophism, dystrophism, stress disorder, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, 4, 5, 23, 24, 25, 32, and the purport of the whole pleadings

2. According to the fact that the Plaintiff is liable for damages, the Plaintiff operated the instant rest area and maintained and managed the facilities, and should have been engaged in the management of the facilities and security guard so that users of the facilities of the said rest area can use the facilities safely.

However, since the accident of this case occurred due to the Plaintiff’s neglecting the management duty of the above facilities or neglecting the duty of safety consideration to the users, the Plaintiff is obligated to compensate for the damages suffered by the Defendant due to the accident of this case.

However, it is difficult for the plaintiff to expect that wild animals, etc. will easily appear at the rest area of this case frequently, and the nature of the rest area of this case seems to be free access due to the nature of the rest area of this case, so it would not be possible to fundamentally block access to wild animals, etc., and symptoms such as depression, etc., such as depression, may occur due to the injury of mental health. However, in the outbreak of these symptoms, it seems that the patient's character characteristics and vulnerability are important variables, and the background and circumstances of the accident of this case.

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