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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At the time of August 2016, the Defendant: (a) operated the pention (hereinafter “instant pention”) with the trade name “Dpention”; (b) installed an outdoor swimming pool (hereinafter “instant swimming pool”) as an ancillary facility and provided it to the pention users.
B. On August 1, 2016, the Plaintiff, while lodging in the instant swimming pool with his family members, was faced with ice in a swimming pool of about 16:00, while playing water in the instant swimming pool, and was faced with head on the floor of the swimming pool (hereinafter “instant accident”).
C. The Plaintiff suffered injury, such as the Plaintiff’s impairment of the 5th radius of the 5th radius and the damage to the sculpical water.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 5, 6, and 7, Eul evidence 2 and 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant asserted that the instant swimming pool was installed and caused the instant accident due to negligence, even though he neglected to perform his duty of care to prevent safety accidents, such as posting a safety sign indicating cautions, such as “Prohibition of Diceping,” at a conspicuous place around the swimming pool, or sufficiently notifying the users of the swimming pool including the Plaintiff, etc. of such cautions.
Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident, since the Defendant is liable for nonperformance of the duty of safety consideration under the tort liability under Article 750 of the Civil Act or the pension use contract.
B. At the time of the instant accident, there is no dispute between the parties that the Defendant did not install a guide sign informing of the Defendant of the cautions, such as the prohibition of ice ice, around the instant swimming pool.
However, each entry and pleading of Gap evidence Nos. 1, 2, 3, 12, 13, 14, and Eul evidence Nos. 1, 1, 2, 3, 14.