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(영문) 서울북부지방법원 2019.09.19 2017가합28409
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A is the spouse of the deceased G (hereinafter “the deceased”), and the Plaintiff B, C, and D are the deceased’s children.

Defendant E is a person who operates a fitness in the name of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant healthcare”), and Defendant F Co., Ltd. (hereinafter “Defendant F Co., Ltd”) is an insurer who entered into a J insurance contract with Defendant E.

B. On June 2, 2017, the Deceased lost consciousness in the Shari in the shower room in the instant helicopter (hereinafter “instant Sarina”).

(hereinafter “instant accident”). C.

On August 1, 2018, the Deceased was sent to K Hospital, and was transferred to L Hospital and was receiving video treatment, and died due to low-carbon brain damage around 01:30 on August 1, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1, 2, and 8, the purport of the whole pleadings

2. The summary of the cause of the claim is that Defendant E is a manager for the operation of the instant healthcare and shooting and for the deceased as an incidental duty of care under the instant healthcare service contract, and is obligated to provide users with sports activities in accordance with attached Table 6 of the Enforcement Rule of the Installation and Utilization of Sports Facilities Act or to maintain the state of safe use of various facilities, facilities, equipment, apparatus, etc. for the safety of users.

In addition, the operation of the instant health care center and the facilities and the operation of the instant health care center are obliged to take a prior protective measure that does not inflict any damage on the life or body of users.

However, Defendant E did not have a warning sign for users at all, and the installation temperature of the private letter or machine was 130 degrees higher than ordinary private letter or room temperature, and the deceased did not confirm the safety personnel or time for the safety of the users. Thus, the deceased was after the food room.

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