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(영문) 서울동부지방법원 2017.04.21 2016나23290
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

Facts of recognition

원고는 2014. 6. 5. 피고가 운영하는 남여주골프클럽 마루코스 4번홀에서 2번째 샷을 하고 그린으로 이동하고 있었다.

그 때 뒷팀의 경기자 B이 1번째 티샷을 한 골프공이 4번홀 페어웨이 왼쪽 카트도로를 맞고 튀어 원고의 왼쪽 허벅지에 맞았다

(hereinafter referred to as the “instant accident”). The Plaintiff suffered from the injury to the left-hand slot box of the gold bullion.

[Ground of recognition] In the absence of dispute, Gap 1, Eul 2, Eul 1, Eul 6, and a golf competition where the purpose of the entire argument is to compensate for damages is high risk of accidents that are suitable for the rear team athletes in the first team's friendship, and thus, the latter team is obliged to pay a duty of care to have the back team players to move to a safe place to the extent that the latter team does not have any other spawn with the back team.

The back team good is deemed to have caused the accident of this case by negligence, even though the front team has not yet moved to a safe place in violation of such duty of care.

The defendant asserts that it is impossible for the back team to predict to a distance higher than the distance that the latter team normally moves along the kart road, and that the glar has no negligence of violating the duty of care.

In light of the location, area, etc. of the cart road connected to each hole of the instant golf course, it is impossible for other Gu to set a distance from the normal distance to the cart road.

(2) No such case shall be deemed to be an exceptional case.

The defendant is the operator and the user of the golf course of this case, and is liable for damages incurred by the plaintiff due to the accident of this case.

According to the statement of evidence No. 4 of medical expenses for the scope of damage compensation Gap, the plaintiff was at C Hospital as the medical expenses incurred from the accident of this case.

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