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(영문) 창원지방법원 2018.03.29 2017나55296
손해배상(기)
Text

1. Of the judgment of the first instance, the part against Defendant D among the judgment of the court of first instance is revoked, and the plaintiffs corresponding to the revoked part are defendant D.

Reasons

1. Facts of recognition;

A. On July 13, 2014, Plaintiff B participated in the training course of rescue workers’ qualifications, which was implemented in the swimming pool of the Sports Center in the E-school located in the Young-gu Busan Metropolitan City (hereinafter “instant swimming pool”). On the same day, Plaintiff B was suffering from injury, such as the right pipe, the right pipe, the inner part of the water tank, and the scopic scopic scam, etc., due to the failure of the outbreak on the part of the drainage hole, which was left from the water of the swimming pool on the same day.

(hereinafter referred to as “instant accident.” The Plaintiff B, due to the above injury, received from the F Hospital the right spawn spawn spawn, spawn spawn, spawn spawn and spawn spawn spa

B. Defendant C entrusted the operation of the swimming pool of the E-school sports center, and Defendant D leased the swimming pool for the said training hall as the team leader of the Seoul YMCA G department.

C. The plaintiff A is the father of the plaintiff B.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, 3, and 9 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. 1) Defendant C is liable for safety management of the facilities of the swimming pool in the consignment operation of the instant swimming pool. As such, Defendant C has occupational duty to install a cover or warning board, etc. in order to prevent the users of the swimming pool from getting injured if there is no cover to the drainage hole of the instant swimming pool, and to prevent the users of the swimming pool from getting injured. Nevertheless, Defendant C neglected part of the drainage hole without covering it, and thereby caused the Plaintiff C’s injury to the said drainage hole. Accordingly, Defendant C has the duty to compensate the Plaintiffs for the damages suffered by the Plaintiffs due to the said accident.

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