채무부존재확인
1. The Plaintiff (Counterclaim Defendant)’s obligation to pay damages to the Defendant (Counterclaim Plaintiff) based on an accident indicated in the attached Form.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a corporation that operates bathing facilities and accommodation facilities using hot spring in the trade name of “D Hot Spring” in the Gyeongjin-gun, Chungcheongnam-do.
B. On December 28, 2015, at around 13:10 on December 28, 2015, the Defendant suffered injury, such as the stoke fever in the stoke, the stoke fever in the stoke, the stoke in the stoke, the stoke in the stoke, the stoke in the stoke, the stoke in the upper left side, and the stoke in the upper left side.
[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 4 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is that the defendant used the heat at the time of the accident, and suffered an injury by getting a sacrife out of the spirit due to an sacratic sa, not by getting out of the floor.
Therefore, since the above injury cannot be viewed as due to the defect in the construction, management, and preservation of the plaintiff's facilities, the plaintiff sought confirmation that there is no obligation to pay damages against the defendant in relation to the above accident.
B. The defendant's assertion that the plaintiff did not remove the water time, etc. on the bath floor so that the plaintiff left the floor so that it was caused by the defendant's failure to remove the water time, and caused the accident that was caused by this, and since the injury suffered by the defendant was caused by the defects in the installation, management, and preservation of the plaintiff's facilities, the defendant is liable for damages against
3. Determination
A. In light of the following circumstances, the evidence Nos. 1, 2, 3, and 8-1 and 2 of the evidence Nos. 8-2, and the witness E’s testimony and the overall purport of pleading, it is difficult to recognize that the Defendant suffered an injury by putting the bath floor up on the bath by only the descriptions Nos. 6, 7, 8-3, and 4, and it is reasonable to view that the Defendant suffered an injury by going beyond the spirit due to saves during the process of emitting after using a heat.
Therefore, the defendant's bath floor.