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(영문) 수원지방법원 평택지원 2021.01.14 2020가합10475
채무부존재확인
Text

1. The Plaintiff suffered an injury at the “F” facility located in Pyeongtaek-si on September 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person operating play facilities with the trade name “F” on the ground of Pyeongtaek-si E (hereinafter “instant play facilities”).

B. On September 7, 2019, Defendant (G) with a young child of 33 months in full, was installed with a slock lucing lucing lucing lucing lucing, which is located at the instant play facilities, and at the bottom of that slick lucing lucing lucing lucing lucing lucings.

During the mixed use of the instant organization (hereinafter referred to as “instant organization”), the center was lost from the top of the instant organization to the center of the vessel (hereinafter referred to as “instant accident”).

The Defendant obtained treatment on September 10, 201 in the instant accident by suffering from the strokes of the right strokes from the strokes of the body of the Defendant.

[Ground for recognition] Unsatisfy, entry of Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred while the Defendant was using a fishing vessel without using the instant body in accordance with the ordinary method of use, which was only caused by the negligence of the Defendant and the person without the protection and supervision thereof, and not caused by the defect in the establishment, preservation, and management of the instant play facilities and devices.

Therefore, the Plaintiff is not liable for damages incurred to the Defendant due to the instant accident.

B. The Defendant’s alleged organization covers infants under 36 months of age, and thus, there is a high possibility of accidents or risks compared to other organizations. As such, the Plaintiff, an operator of the instant play facility, directly or through safety management personnel, should carefully observe and supervise the instant organization and its users, and explain in advance that the users of the instant organization and their guardians should pay attention to the risks and use them together with their guardians. The Defendant’s alleged organization is obligated to install facilities to the extent that users can absorb shocks at the bottom of the instant organization.

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