1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant operates the instant skiing ground as the owner of the Bags Ski ground located in the Myeongwon-si, Myeongwon-si (hereinafter referred to as the “ski ground of this case”) in the Myeongwon-gun.

나. 원고는 2012. 3. 10. 21:40경 이 사건 스키장 내 초급코스인 펭귄 슬로프(아래에서 ‘이 사건 슬로프’라고 한다)에서 스노보드를 타고 내려오다가 바닥에 넘어지면서 좌측 상완골 하단 관절 내 분쇄골절의 상해를 입었다

(B) In the following, the Plaintiff suffered obstacles to restricting the scope of the movement of the left part part of the elbow joints due to the instant accident.

[Ground for Recognition: Fact that there is no dispute, the result of a physical appraisal commissioned by the court of first instance to the director of Seoul Medical Center, the purport of the whole pleadings]

2. The gist of the Plaintiff’s assertion is that the Defendant, as the owner and manager of the instant skiing ground, maintained and managed the snow of the instant sludge properly so that users may escape skiing safely. Moreover, the Defendant did not take any measures despite its duty of care to take necessary measures, such as removing ices generated from the instant sludge by conducting safety inspection by placing safety personnel on the instant sludge, or controlling the users’ use by displaying risks on the ice side of the instant sludge.

The Defendant is liable to compensate the Plaintiff for damages arising from the instant accident, as the instant accident caused by the defect in the installation and preservation of the instant slot, which the Plaintiff was sleeped from ices at one-third point at the bottom of the instant slot.

3. Determination

A. The term “defect in the installation and preservation of a structure” under Article 758(1) of the Civil Act means that a structure is in a state of failing to meet the ordinary safety requirements according to its use.