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(영문) 부산지방법원동부지원 2014.10.24 2013가합100643
손해배상(기)
Text

1. The defendant shall pay 354,890,986 won to the plaintiff A, 8,000,000 won to the plaintiff B, and 4,00,000 won to the plaintiff D, respectively.

Reasons

1. Basic facts

A. (1) On July 17, 2012, Plaintiff A was receiving a swimming course in the F Indoor swimming pool located in Busan Southern-gu (hereinafter “instant swimming pool”), and Plaintiff B and C were the parents of Plaintiff A, and Plaintiff D were punished by Plaintiff A.

(2) The Defendant opened the swimming pool of this case to a local government operating the instant swimming pool, and opened it around March 2010, and left it to the commissioning enterprise, and directly operates it from the end of July 201.

B. (1) In the occurrence of an accident, Plaintiff A (1) received a high-class class training from G from a swimming instructor in the instant swimming pool. On July 31, 2012, Plaintiff A (178 cm in height, 80 cm in body) obtained a swimming pool from the high-class class student in the instant swimming pool No. 07:36:38 on July 31, 2012 and met the head of the swimming pool on the floor of the instant swimming pool (hereinafter “instant accident”).

(2) The Plaintiff A is in a situation that is currently unable to move due to brain ties, 1-2 damage to water, and cerebral damage to low-carbon and oxygen, etc. due to the instant accident.

C. (1) Facilities and relevant regulations of the swimming pool of this case (hereinafter “instant swimming pool”) are 1.3 meters in depth, and the starting stand installed at the time of the instant accident is 10 degrees in a light photo structure of 37cm in height, the intermediate part is 38cm in height, and 39cm in high.

(2) Although there is no statutory provision on the facility of a swimming pool for public sports facilities, in the operation of the National Sports Center established at the National Sports Promotion Foundation, the Minister of National Sports recommends that the depth of the 3-class officially established sports center should be at least 1.2 meters, and the recommended depth should be 1.2-1.3 meters for the swimming pool for the National Sports Center, and the starting stand should be established and used without the initial installation.

The nature of action obtained by using the departure stand and the relation to the depth of the person's body (1) is the center of the body, booming down from the departure stand, booming down from the departure stand by hand.

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