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(영문) 수원지방법원성남지원 2014.04.29 2013가합2357
손해배상(산)
Text

1. The Defendants’ respective Plaintiff KRW 651,056,984 as well as 5% per annum from August 24, 2012 to April 29, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 4, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence 2, witness D's testimony and the whole purport of pleadings:

Defendant B is the user of Defendant C, who operates a Fsports Center on the third floor of the business building in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and Defendant C is a swimming instructor who teaches swimmings in the swimming pool within the above F Sports Center (hereinafter “instant swimming pool”).

B. The Plaintiff is a graduate student (the age of 21 at the time of the accident) and is a middle class student who was taking lessons from Defendant C in the swimming pool of this case.

On the other hand, the study of Lone Star, including the instant swimming pool, generally takes lessons at higher level than higher level.

C. On August 24, 2012, Defendant C, including the Plaintiff, trained Lone Star from 7 to 8 middle-class students including the Plaintiff, and continued to teach Lone Star on a daily basis to students who first started to learn Lone Star.

During that process, the Plaintiff suffered bodily injury at the bottom of a swimming pool No. 6 e.b. e. e. e., the head from the bottom of the swimming pool while taking a swimming pool practice.

(hereinafter “instant accident”). The depth of the branch where the instant accident occurred is about 1.3m.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff should teach the students of the higher class level than the higher class of the plaintiff CA, i) Lone Star, but the first class of the plaintiff, including the plaintiff, should teach the students of the second class of the Lone Star, and ii) the plaintiff, upon departure of the first class, did not sufficiently explain that there is a high risk that the plaintiff could cuckbucks where the duckbucks do not contact the water first at the time of contact with the water.

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