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(영문) 서울중앙지방법원 2016.12.23 2016가합507876
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On June 8, 2015, Non-party E (hereinafter “the deceased”) entered into a membership agreement with the Defendant on the sports facility “F’s (hereinafter “instant sports facility”) operated by the Defendant with the Defendant, and from then on, until the instant accident occurred, Non-party E had Crosfit movemented under the direction of Australia (Crosfit, a sports instructor employed by the Defendant) at the said sports facility, under the direction of Australia, a Australia State, the Defendant’s sports instructor.

On December 2, 2015, the deceased lost consciousness due to a sudden heart fee while doing so at the above sports facility at A.M., and immediately thereafter, he was transferred to the emergency room of A.I.S. Seoul A.U.S. Any other medical treatment, such as emergency measures, but died due to cerebral cerebral cerebralop, etc. due to a heart suspension on December 13:51 on December 9, 2015.

Plaintiff

A’s wife, Plaintiff B’s father, and Plaintiff C as the mother of the Deceased, the Plaintiffs are the inheritors of the Deceased.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 3 and 4, the purport of the whole pleadings

2. The Deceased alleged by the Plaintiffs was in an unstable state of peace health. The Defendant has a duty to require a sports instructor in charge to properly grasp the health conditions of members of the sports facility of this case and to give physical guidance suitable for the status of each member, such as adjustment of the intensity of sports or grant of sufficient rest. In the event of an emergency, such as where a member is used for a heart rain, etc., he/she is obligated to be equipped with emergency equipment for immediate response and conduct safety education for his/her employees, etc. when an emergency situation occurs.

However, by neglecting these duties, the Defendant caused the death of the deceased due to an inappropriate emergency measure taken by the said instructor, as an instructor in charge instructs the deceased to do excessive robbery.

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