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1. On February 21, 2014, the Plaintiff (Counter-Defendant) performed a falscambling in the E-gu classroom located in Young-si District D around 20:30 on February 21, 2014.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Facts of recognition;
A. The Plaintiff is a person who operates a “E” stable classroom located in G in the Gansi-si Suwon-si District (hereinafter “E-gu classroom”).
나. 원고는 2014. 2. 21. 20:30경 이 사건 축구교실에서 피고(F생)를 포함한 수강생들을 상대로 실제 축구 경기를 하는 방식으로 축구 강습을 하던 도중 실수로 피고의 우측 정강이를 발로 걷어찼고(이하 ‘이 사건 사고’라 한다), 피고는 이 사건 사고로 인하여 우측 경골 간부 골절 및 우측 비골 간부 골절의 상해를 입었다.
C. From February 22, 2014 to February 7, 2017, the day following the occurrence of the instant accident, the Defendant hospitalized the Seoul National University Hospital in Subdivision located in 173-ro, 173, Seonam-gu, Sungnam-gu, Seoul (i.e., the number of days of hospitalization from February 22, 2014 to February 26, 2014) for a total of 21 days (i.e., the number of days of hospitalization from February 13, 2014 to July 15, 2014 to December 16, 2016) for the number of days of hospitalization from January 28, 2017 to February 11, 2017).
[Reasons for Recognition] Unsatisfy, entry of the evidence Nos. 1 through 6, 13 (including each number), the result of the physical examination commissioned to the president of Seoul University Hospital at the 1,000 Seoul District Court, the purport of the entire pleadings
2. Occurrence of and limitation on liability for damages;
A. According to the facts of recognition as above, the Plaintiff is liable to compensate the Defendant for the damages suffered by the Defendant due to the instant accident, on the ground that the Plaintiff violated this, caused the instant accident to the Defendant, and caused the injury to the Defendant, even though it did not have any duty to safely protect and supervise the Defendant in taking courses as an instructor who educates the students, including the Defendant, as the operator of the instant axis class and the Defendant.
As to this, the Plaintiff’s accident of this case is the Plaintiff.