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(영문) 의정부지방법원 2020.05.13 2018가합55333
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant, while operating the pen (hereinafter “instant pen”) with the trade name “H” in Ligu-gun G, provided a swimming pool (hereinafter “instant swimming pool”) to be used by the visitors with auxiliary facilities.

B. On August 12, 2017, when the Plaintiff was serving in military service, 8 affiliated units were accommodated in the instant swimming pool at around 15:10, and carried out water play in the instant swimming pool at around 15:10, and thereafter, at around 18:30, the Plaintiff again carried the water swimming pool at approximately 1.2 meters of the depth of the water and was faced with head on the floor of the swimming pool (hereinafter “instant accident”).

C. The Plaintiff A suffered bodily injury, such as damage to the number of booms, diversification of cirrosis, etc. due to the instant accident, and the Plaintiff A suffered constant brupt and paralysis symptoms due to the decline in the modern history of the brue, the brue physical ability of the brue, and other psychotropic deficit.

Plaintiff

B and C are the parents of Plaintiff A, and Plaintiff D are the siblings of Plaintiff A, and Plaintiff E is the births of Plaintiff A.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 11, and 12; the result of the commission to the President of the I Hospital and the Director of the J Hospital respectively; the purport of the entire pleadings

2. The plaintiffs' assertion and judgment

A. The instant swimming pool asserted by the Plaintiffs is an illegal facility that did not obtain permission for development activities under Article 56 of the National Land Planning and Utilization Act, and there was a risk that the depth might cause accidents if adults ice out, and in particular, before the occurrence of the instant accident, K, who is a driver of the Plaintiff A, was faced with a swimming pool on the wall of the water play and became a hospital.

The defendant, who is the operator of the instant swimming pool, with the instant swimming pool installed, shall place safety personnel to prevent users from iceing, and broadcast the information or indicate the depth of the water at any time.

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