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(영문) 서울동부지방법원 2018.03.15 2016가합606
채무부존재확인
Text

Attached Form

With respect to the accident described in the list, the plaintiff (Counterclaim defendant)'s damages against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. At around 18:40 on January 17, 2016, the Defendant, in the process of confirming that, among the Plaintiff’s getting on and off a skiing from the Giyeong-gun Rental Park in Gangwon-do, he/she met with the trees located outside the safety net installed in the valley of the instant sp, during the process of converting the direction of the skiing from the Plaintiff’s “Yiyeong-gun Ski ground” (hereinafter “instant spp”) to his/her right side, he/she had a collision with the trees located outside of the safety net installed in the valley of the instant spon.

(hereinafter “instant accident”). B.

The Defendant, due to the instant accident, was diagnosed of injury to two sides, etc. requiring approximately nine weeks of medical treatment from a member of the C regularly Foreign Service in Gangdong-gu Seoul Metropolitan Government, and was hospitalized in the said hospital from January 19, 2016 to April 18, 2016.

C. At the instant accident site, the safety net was installed above 2 meters from the ground, and 1.4 meters from the snow, and at the bottom of 50cm, the safety net felled from “20 to 50cm high 10 to 27cm high.”

On the other hand, the Enforcement Rules of the Installation and Utilization of Sports Facilities Act stipulate the facility standards for sports facility business, and the facility standards for skiing ground business among them are as follows.

Enforcement Regulations [Attachment Table 4] of the Installation and Utilization of Sports Facilities Act

2. Standards for each kind of athletic facility business;

(b) Ski ground business. (2) Safety facilities: Safety nets and safety mats shall be installed along with safety nets or any one of the safety net and safety mats shall be installed at a place where slots users are in danger of safety accidents.

In such cases, the safety net shall be at least 1.8 meters from the ground and at least 1.5 meters from the snow surface, and shall be designed not to inflict any injury on the user of the skiing ground, and the safety ticket shall be used to relax the shock at the time of collision, and the thickness shall be at least 50 millimeters.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and .

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