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The defendant's each of the plaintiffs' KRW 100,442,253 and each of the above amounts shall be 5% per annum from August 1, 2018 to December 10, 2020.
Reasons
1. Facts of recognition;
A. The status of the parties 1) The Plaintiff A is the network D (EE; hereinafter “the network”).
The father and the plaintiff B are the mother of the deceased. 2) The defendant is a person operating a lodging facility in the name of "Griart," located in the Griart, Gangwon-gun F (hereinafter referred to as "Griart").
B. On July 31, 2018, the family members of the deceased including the Plaintiffs and the plaintiffs’ assistants were accommodated in the instant resort on July 31, 2018. On August 10:47, 2018, the deceased was a swimming pool installed and operated by the Defendant within the instant resort (hereinafter “instant swimming pool”).
2) On August 1, 2018, the Deceased was able to play water at the swimming pool for young children in the instant swimming pool. However, around August 1, 2018, there was an accident that the Deceased was placed in water out of the water with the adult swimming pool connected to the swimming pool for young children (hereinafter “instant accident”).
3) On August 1, 2018, the Deceased was found to have been discharged from water around 11:46, and around 12:47, the Deceased was transferred to a hospital by the 111:5 first responder of the 119 first responder after having received a report, but was diagnosed as brain death due to dives, organ damage, etc., including brain damage caused by low oxygen, but was hospitalized at the hospital on March 22, 2020 during the hospital. (C) The present status of the swimming pool in this case and the present situation at the time of the instant accident) the swimming pool in this case installed within the instant resort is divided into the ground-type of the area of 342.96 square meters in total, the swimming pool for young children at the depth of 0.7m and the swimming pool for adult use of 1.4m in the depth of water.
2) At the time the instant accident occurred, the swimming pool for young children and the swimming pool for adult use in the instant swimming pool were connected. However, the relevant boundaries were installed only with braces, but the fences, etc. to distinguish them were not installed, and the Act on the Installation and Utilization of Water Safety Personnel and Sports Facilities (hereinafter “the Installation and Utilization of Sports Facilities Act”).