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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant is a person who installed an outdoor swimming pool (hereinafter “instant swimming pool”) as an ancillary facility and provided it to the gate users while operating the gate located in Gyeonggi-gun D (hereinafter “instant pen”).
B. On July 12, 2014, the Plaintiff was faced with head on the floor of the swimming pool while playing water in the instant swimming pool at night (hereinafter “instant accident”).
C. The Plaintiff suffered from the injury to the framework of the 5th century due to the instant accident, and suffered from the physical disability of the restriction on the movement of the police.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion is that the Defendant owned and operated the instant swimming pool, with which the instant swimming pool was installed, (1) installed a sign capable of controlling entry into the swimming pool, (2) installed a lighting fixture capable of controlling entry into the swimming pool, (3) prepared measures to restrict night swimming, and (4) neglected to perform safety measures, such as attaching a manual safety rules to the swimming pool. This constitutes a defect in the installation or preservation of the instant swimming pool, which is a structure.
Since the accident of this case occurred, the defendant should compensate for the plaintiff's damage caused by the accident of this case pursuant to Article 758 of the Civil Code.
Specifically, the damages suffered by the Plaintiff are lost income of KRW 139,871,343, 4,716,690, and the Plaintiff’s negligence contributed to the occurrence of the instant accident, even if considering the Plaintiff’s negligence, the Defendant shall pay to the Plaintiff KRW 21,688,204, which is 15% of the said damages (=139,871,343, 471, 346,690) ¡¿ 15% of the said damages (=15% of the damages) and KRW 2,00,00.
B. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Code does not have the safety that the structure shall normally have in accordance with its use.