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1. The defendant shall be 70,940,289 won to the plaintiff A, 5,000,000 won to the plaintiff B, and 1,00,000 won to the plaintiff C and each of the above amounts.
Reasons
1. Basic facts
A. The Defendant, while operating the penture in Gyeonggi-gun E with the trade name “F” (hereinafter “instant penture”), has installed an outdoor swimming pool (hereinafter “instant swimming pool”) as an ancillary facility and provided it to pentine guests.
B. On August 12, 2015, at around 15:00, the Plaintiffs arrived at the instant pen and started water play in the instant swimming pool around 15:40, and began water play in the instant swimming pool. On around 17:30, Plaintiff A obtained around 17:30, and was faced with head on the floor of the instant swimming pool (hereinafter “instant accident”).
C. The Plaintiff A suffered from injury, such as damage to the climatic water and external shock of the climatic signboard, due to the instant accident.
Plaintiff
B is the wife of Plaintiff A, and Plaintiff C is the child of Plaintiff A and B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. The following circumstances acknowledged by Gap evidence 10-1 to 4, Eul evidence 11-1 to 8, Eul evidence 1-1, Eul evidence 2-2, Eul evidence 2-2, witness G testimony and the entire purport of oral argument are as follows: (i) the defendant operates the swimming pool in this case as a facility for the penting business, and thus, has a duty to protect guests to ensure safe use of the swimming pool; (ii) the entrance of the swimming pool in this case includes the "No. 1.2 meters in depth and Daice sing," but there was sign of the swimming pool safety rules at the entrance of the swimming pool in this case, the size of the swimming pool was small compared to the area of the swimming pool, and it appears that the area of the swimming pool was not easily seen as the snow of the visitors; and (iii) the depth of the swimming pool in this case was considerably likely to cause accidents to occur from January 2, 200 to the point of view.