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(영문) 광주지방법원 2019.07.12 2018가합475
채무부존재확인
Text

1. At around 15:00 on January 13, 2016, the Defendant’s skiing ground located in Yangsan City C from bessky ground (for primary supply).

Reasons

1. Basic facts

A. The Plaintiff is a company running a DNA skiing ground in Gyeyang-si, Yangsan-si (a total of seven sludges are composed, and the maximum length of slots is 1,495 meters; hereinafter “ski ground in this case”).

B. On January 13, 2016, the Defendant visited the instant skiing ground and visited the medical room located in the instant skiing ground around 14:57 on the same day (hereinafter “instant accident”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 12, the purport of the whole pleadings

2. The parties' assertion

A. Defendant’s assertion 1) At the time of the instant accident, the Plaintiff ski grounded the snow on each road that obstructs the view of others by using snow removal equipment from the bend ski ground of the instant skiing ground. Accordingly, the Defendant was responsible for compensating the Defendant for damages arising from the instant accident due to the defect in the installation and preservation of the ski ground and the snow removal ground, and due to the snow that the Defendant ski grounded, and caused the instant accident. The Defendant requested emergency rescue immediately after the instant accident, but failed to undergo rescue by the rescue staff’s failure to assign rescue or salvage, and was given treatment in the medical room. The Defendant, due to the instant accident, was suffering from the injury caused by the Defendant’s failure to take care of the ski ground and the above snow removal ground in accordance with Article 758 of the Civil Act. Accordingly, the Defendant is not liable for compensating the Defendant for damages arising from the instant accident due to the Defendant’s negligence in the construction and preservation of the ski ground ground and in accordance with the Act on the Installation and Utilization of Sports Facilities Act.

B. The Plaintiff’s assertion is that the Plaintiff was removed at the time of the instant accident.

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