손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the cause of claim;
A. The network C (hereinafter “the network”) is a member of the emblem “E” (hereinafter “E”) operated by the Defendant in Gangnam-gu Seoul Metropolitan Government D.
On September 15, 2018, the Deceased performed a campaign at a club on September 15, 2018, and carried out a bath for male workers, and found that other members of the deceased were in the state of being missing from a spathrosis (the general hot spring).
(hereinafter “instant accident”). B.
After recognizing this, the Defendant’s employee, who works in a club, did not take appropriate relief measures such as taking the Deceased immediately after taking the deceased in the sugar, and delayed reporting 119.
As such, the Deceased died by negligence on the part of the Defendant employee.
C. The Defendant, as an employer of a club employee, is obligated to pay consolation money of KRW 100 million to the deceased for compensation for damages incurred by the above employee’s tort, and is obligated to pay consolation money of KRW 10 million to the Plaintiff, who is the deceased’s son.
Accordingly, the Plaintiff, as one of the inheritors of the deceased, sought payment of damages for delay calculated in accordance with the Civil Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 16, 2018 to the date of full payment, in total, KRW 28,571,428 among the consolation money of the deceased (=100,000,000 x 2/7) and KRW 10,000,000 consolation money of the Plaintiff, and the Plaintiff’s damages for delay calculated from September 16, 2018 to the date of full payment.
2. The facts stated in paragraph 1-A do not conflict between the parties, and comprehensively taking account of Gap evidence No. 7, 8, and Eul evidence No. 5, the defendant's employees, after finding out that the deceased was in the form of sugar from other users, after hearing words that people were used in the sprink, and finding out around 11:51 that the deceased was in the form of sugar, he reported it to 119 as a spart, and immediately contact the senior with the senior and the deceased, and then re-enter the deceased into the sprink, and re-in the sprink with the senior and the deceased.