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(영문) 서울고등법원 2020.02.12 2019나2016367
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, is modified as follows.

Reasons

1. Basic facts

A. On December 24, 2007, Defendant C acquired the qualification as a sports-for-all instructor (Grade III and swimming) and on June 30, 2016, Defendant C employed by Defendant B to work as a swimming instructor affiliated with the E swimming pool operated by Defendant B (hereinafter “instant swimming pool”). The Plaintiff received the lessons from the swimming pool in the instant case from March 11, 2015 to July 8, 2016, from March 1, 2016 to August 1, 2016.

B. On September 23, 2016, at around 06:33, the Plaintiff obtained the swimming pool in this case by a method of obtaining knife in accordance with Defendant C’s guidance, and caused a knife to cover the horse expenses by cutting down knife and cutting off knife with the front knife and completely cutting off with the center of the body in hand, and making the body the start knife knife knife with the start knife, and going back to the front, and using the knife with the body going to a bridge) from among the phased practice methods in each phase of knife.e., 1.3 meters of the depth.

(hereinafter referred to as “instant accident”). C.

Defendant C was prosecuted as a crime of injury by occupational negligence in relation to the occurrence of the instant accident, and on November 22, 2017, the first instance court convicted Defendant C of the charge and sentenced the fine.

(A) The appellate court rendered a judgment dismissing the appeal on November 21, 2018 (Seoul District Court Decision 2017No4591). The appellate court filed an appeal by Defendant C, which became final and conclusive by dismissal of the appeal.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 9 evidence, Eul 1, 3, 4 evidence, Eul 1, 2, and 7 evidence, and the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) the basis for liability 1) the evidence, prior to the determination of Defendant C and the evidence, Gap 6 to 13 (if any, including the numbers; hereinafter the same shall apply);

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