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(영문) 부산고등법원 2016.12.22 2016나51651
손해배상(기)
Text

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

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The summary of the judgment of the court of first instance is that Defendant F driven the water obba in front of the Jlebaz center located in Busan, and caused K to die due to damage to two parts while driving the water oba in front of the Jlebaz center (hereinafter “instant accident”); K was a student in the second grade of the sports department of MU and in the second grade of MU, who was in the school, and was a member of the wind furgy club in the school. On the date of the accident, K visited the above Lebaz center and completed training for the wind furging training with the members of the East Lbaz center; Plaintiff A and B were the parents of K; Plaintiff D's South Eastdong, Plaintiff D's Nam's South and North Eastdong, and Defendant Gz's management organization, and Defendant Gz's management organization (hereinafter referred to as "this case's marine tourism organization"); Defendant Gebaz's management organization and facility; Defendant Gebaz's management organization (hereinafter referred to as the above).

Based on such fact-finding, the court of first instance recognized Defendant F’s liability for damages for the property and mental damage caused by the instant accident, and limited Defendant F’s liability to 60% in consideration of the circumstances that caused the occurrence of the instant accident or the expansion of damage, such as the operation of water leisure crafts, where the risk of the instant accident was high, and that K was entering the sea near the moorings even though it could have been sufficiently aware of such fact, and that East Asia’s members entered the sea near the moorings, including K. In addition, the court of first instance limited Defendant F’s liability to 60% in consideration of the circumstances that caused the instant accident or the expansion of damage.

And as to the defendant Young-gu, the above defendant.

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