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(영문) 부산고등법원(창원) 2017.04.06 2016나24577
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is that of the court of first instance, except for the revision of the judgment by the court of first instance as follows, and thus, it is acceptable to accept the judgment by the main sentence of Article 420 of the Civil Procedure Act.

The following contents are added between the fourth 20th 20th 21th 2 of the first instance judgment and the second 21th 20th 21th 200. As long as the individual sports hours constitute part of the day and the sports activities performed during the said hours are regarded as one of the important duties, the choice of sports events as part of the sports activities and the circumstances in which the Plaintiff, the injured party, participated in the sports shall not affect the determination of whether the instant accident occurred while the Defendant’s duties

) From No. 5, No. 2 to 19 of the first instance court ruling, the plaintiff's assertion 2) The plaintiff's assertion 2 is held liable for damages due to the defendant's gross negligence as follows: (a) two people become one team, and are engaged in the game in the gaton-type game in which the galetet, which is a dangerous object in a narrow cream, is placed, the matcher is always obliged to take into account the dynamics of the team fee and conduct the game in a way that does not inflict any harm on the platform, and to take into account the safety of each other.

The Defendant did not consider the safety of the Plaintiff, who is a food assistanceer, such as not indicating one’s own intention to put cafeterias in advance, and did so in a horizontal manner. As a result, the Plaintiff suffered an injury with gross negligence on the part of about 47% of the labor ability loss rate due to the damage of the Plaintiff’s awareness of cock, and there was gross negligence on the part of the Defendant as to the occurrence of the instant accident.

(2) The Defendant’s active damages incurred by the Plaintiff due to the instant accident, including medical expenses of KRW 5,984,814, future medical expenses of KRW 23,40,00, and KRW 158,785,035 as passive damages up to the time of retirement, and KRW 84,397,171, KRW 20,000, and KRW 292,567,567.

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