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(영문) 수원지방법원여주지원 2017.05.17 2016가합6377
손해배상(기)
Text

1. The plaintiffs and the plaintiff Gap's successor's respective claims against the defendants are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Defendants, operating a restaurant with the trade name of H from Echeon-si to E (hereinafter “instant restaurant”), install an outdoor swimming pool (hereinafter “instant swimming pool”) as an ancillary facility within the instant restaurant site and provide the instant restaurant users free of charge.

B. On June 27, 2015, at around 15:30, Plaintiff A, along with I, J, K, and L, provided meals at the instant restaurant, and around 17:30, Plaintiff A was subject to an accident where he/she was able to obtain ice from the swimming pool of this case, and he/she was faced with the head on the floor of the swimming pool of this case (hereinafter “instant accident”), and thereby, he/she was faced with the head on the site of the swimming pool of this case. In short, Plaintiff A was in the state of sarbling at the present time due to light trees and other damage of detailed identification.

C. In the vicinity of the swimming pool of this case, since safety personnel do not reside in the relationship of operation without compensation, children are examined under the responsibility of their parents. Therefore, in a low-income establishment, there is a allim board attached stating "I will not be fully responsible for any unexpected accidents that occur in the facility in the park" and the water play safety rules are installed on the side of the swimming pool of this case stating the following.

1. Flags shall be marked around a swimming pool;

3. He shall be able to know well the depth of water; and

5. He absolutely prohibits drinking after drinking.

9.I use the stairs installed on the walls when entering or leaving water; and

12.It is essential that the depth may cover together at a place.

13. The floor of a swimming pool shall always be cut or unstened, so it shall be unstened;

On the other hand, at the time of the accident of this case, there was no inquireation device or forgery board in the swimming pool of this case, and safety personnel were not placed, and the depth was not indicated.

E. Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are children of Plaintiff A.

[Reasons for Recognition]

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