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(영문) 수원지방법원 평택지원 2017.01.17 2015가단43474
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff determined the cause of the claim. On August 16, 2010, the Plaintiff himself/herself, while playing water in a high school-friendly zone operated by Defendant B and in a multi-ice facility operated without the control of safety personnel, he/she fell into the depth of the swimming pool due to the shock of the swimming pool floor and the head of the swimming pool, and due to which he/she fell into ice, he/she was subject to ice chilling. In this case, the Defendant B, as a sports facility operator, placed safety personnel prescribed for the safety of the users of the sports facility at the cost of the sports facility. In particular, in installing and operating the high-risk facility like the multi-ice ice cream, he/she did not take active measures such as notifying the safety personnel placed on behalf of the general users without expertise in the multi-ice cream, but he/she did not obtain the average level of 1m or less than 1m, and did not obtain the knowledge of the Plaintiff’s operation without any restriction on the use of ice as above from the Plaintiff.

As such, Defendant B is liable for compensating the Plaintiff for the damages caused by the above injury. Meanwhile, Defendant Hyundai Marine Fire Insurance Co., Ltd. is an insurer who bears the risk of incurring damage caused by physical harm to a third party or by bearing legal liability for damage caused by a sudden accident arising from the use of sports facilities owned, used, or managed by the insured as the insured by Defendant B, who is the business owner of the above swimming pool, and the use of such facilities.

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