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(영문) 대전지방법원홍성지원 2014.11.13 2014가합236
손해배상(기)
Text

1. The Defendants each of the plaintiffs A, 67,407,386 won, and 67,407,386 won, and 3,000,000 won and each of the above.

Reasons

1. Basic facts

A. Defendant E (a) was a person who had actually been operating the Gpenta (hereinafter “instant penta”) located in Bosa City F from around February 201, and Defendant D, as Defendant E’s punishment, was operated after having been transferred the instant penta from February 2013.

B. On May 11, 2013, Plaintiff A and B were transferred to H (I) who is an son, Plaintiff C and his/her father, and were accommodated in the instant pention, along with the Plaintiff’s workplace club fees and their family members (hereinafter “Plaintiffs, etc.”).

At the time, Defendant E received the reservation from the Plaintiffs, etc., and provided guidance to the Plaintiffs, etc. in the instant pension.

C. On May 11, 2013, H around 21:10, at around 201: (a) died of the following on May 23:39, 2013: (b) while playing on the side of a swimming pool (referring to 6.3m in width, 10m in length, and 93m in depth; hereinafter “instant swimming pool”) installed in the instant pent, he was killed due to the following:

(hereinafter “instant accident”). D.

At the time of the occurrence of the instant accident, there was no sign indicating the depth of a swimming pool, a signboard indicating safety rules, and a warning board warning the risk of water play, etc., and no safety equipment such as life jackets or tubes was installed at all. At the time of the entry of the Plaintiffs, etc., Defendant E did not notify any precautions relating to the use of a swimming pool.

E. Meanwhile, Defendant D, who is engaged in accommodation business, shall be able to safely use guest rooms and ancillary facilities, and in order to install and operate an outdoor swimming pool with a high risk of safety accidents, he/she shall install safety fences in the vicinity of the swimming pool, such as installing warning boards to inform the risks of accidents and corrosion inside the swimming pool, and to prevent safety accidents in advance by restricting the use of the swimming pool of small children and giving prior warning to the risk of accidents.

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