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1. The Plaintiff (Counterclaim Defendant)’s obligation to the Defendant (Counterclaim Plaintiff) due to an accident stated in the attached Form does not exist.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 16, 2009, the Defendant paid 60,000 won for tuition fees at Algymp Ski ground operated by the Plaintiff, and received the basic skiing course from the Plaintiff’s employee B, a skiing instructor who is the Plaintiff’s employee, and was getting out of Alpha Ski course, the Defendant she was getting out of Ski from Alpha Ski Ski, which is the first reporter’s course.
At the time, B explained the safety rules to the defendant, and made it possible to catch the driver's skiing ground.
B. Since then, the Defendant, alone, was on board the skiing from the above Alpha registry. In such a case, the Defendant, who was the deceased of the name in the name of the above Alpha registry, was shocked by the Defendant, and the Defendant was faced with the injury to the left-hand kne, the full-time kne, the kne-man, the kne-man in the left-hand k
(hereinafter “instant accident”). [Ground of recognition] The fact that there is no dispute, entry of Eul No. 5-1 through 5-5, the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion is an accident that the Defendant did not secure his own safety or caused the failure to obtain the name of the user of the skiing ground. Thus, the Plaintiff did not have a liability for damages due to nonperformance or tort due to the instant accident.
B. The plaintiff, who entered into a contract for the use of a skiing ground and a skiing course with the defendant, is required to promote the safety of the defendant at the time the plaintiff, the primary reporter, was negligent in failing to perform his duty of safety consideration, and thus, the plaintiff was negligent in failing to perform his duty of safety consideration, and the plaintiff was required to promptly discover the injured and take emergency measures, such as assigning safety personnel to the skiing ground, and promptly transport the injured to the hospital after taking appropriate measures at the medical office, thereby preventing the expansion of damage caused by the accident. However, the plaintiff did not properly check the status of the defendant, who was injured by the accident in this case.