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(영문) 서울중앙지방법원 2019.11.28 2018가합531033
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 15, 2017, the Plaintiff suffered injury from the right frame, etc. by breaking the string ice rink in the exclusive sports complex, which is located in the Seocho-gu Seoul Metropolitan Government distribution Dong (hereinafter “instant sports facilities”).

(hereinafter “instant accident”). (b)

The sports facilities of this case are divided into a track, which is a main driving course, and the inner part of the track, and there is a room at a certain distance from the side of the track. The above snow is constructed for the purpose of preventing the crack of the floor finishing materials and the fall of booming of the floor due to repeated ice ice ices, etc. by the bottom of the floor.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 8, 10 evidence, Eul's 1 and 2, or the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the cause of the instant accident was excessive compared to the permissible standard is that the Plaintiff’s human qui, quilar, put in excess of the permissible standard.

Under the official regulations of the roller Sports Stak Stak Stak Stak St., the stadium floor’s distance is set at a maximum of 6 meters. The instant sports facilities, including the point beyond the Plaintiff, were excessively set at a distance of not less than 15 meters.

As such, the phenomenon of the reduction of sports facilities of this case does not meet the safety ordinarily required according to its usage, it constitutes a defect in the preservation of structures and thus, the Plaintiff was involved in the accident of this case. Accordingly, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident pursuant to Article 758(1) of the Civil Act as an occupant of a facility responsible for repairing and managing the instant sports facilities.

B. Determination of the defects in the installation and preservation of a structure under Article 758(1) of the Civil Act means the use of the structure for that purpose.

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