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(영문) 수원지방법원여주지원 2017.08.22 2014가단34340
구상금
Text

1. The Defendant’s KRW 20,657,378 as well as the Plaintiff’s annual rate of 5% from October 19, 2013 to August 22, 2017.

Reasons

Facts of recognition

The plaintiff is a non-profit public interest corporation which manages and operates health insurance business, such as medical care for the injury of the national disease, which is established under the National Health Insurance Act, and the defendant A is a representative of C in Ischeon-si, and the insured of the plaintiff at the time of the following accident.

D Around 10:00 on July 14, 2013, around 10:0, the horse was set off off a hemoth, and the playing horse fell from the wind, which differs from the body of the Amoth.

(B) The accident of this case (hereinafter referred to as the "accident of this case") D. D suffered from an injury, such as an injury, due to the accident of this case.

At the time of the accident, there was no safety personnel assigned to the horse riding track by the defendant.

The Defendant was issued a summary order of KRW 4,00,000 at the branch court of Suwon District Court on the fact that the Defendant violated the duty of care to prevent the injury of users by placing safety personnel in the riding track, and the said order was finalized on June 11, 2015.

D From July 14, 2013, 2013, the Plaintiff received medical treatment at the Aju University Hospital, etc., and the Plaintiff paid KRW 84,632,950 (excluding D’s co-payment 13,949,60) incurred therefrom to the treatment institution.

(Reasons for Recognition) Facts without dispute, Gap evidence 2 through 6, Eul evidence 1 and 3, the purport of the whole pleadings.

Judgment

As seen earlier, as seen in the Defendant’s liability for damages, the Defendant, while managing and operating the riding club, provided safety education to the users, neglected to assign a person with a legitimate certificate of qualification as a safety personnel to prevent an accident, and there is a proximate causal link between the Defendant’s breach of duty of care and the instant accident. Therefore, the Defendant is liable to compensate D for damages caused by the instant accident due to tort.

Before limitation of liability, the following circumstances recognized by the evidence and the purport of the entire pleadings, i.e., horse riding, a live animal.

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