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(영문) 수원지방법원 2017.11.22 2017가단503056

손해배상(기)

Text

1. The Defendant’s KRW 6,278,480 as well as the Plaintiff’s annual rate of KRW 5% from August 31, 2016 to November 22, 2017.

Reasons

1. The fact-finding 【Evidence’ 1 through 13, 1, 3, 3 and 4, the fact-finding results to the witness C and the chief of the fire station, and the purport

A. 1) The Plaintiff’s occurrence of an accident is the E-cafeteria operated by the Defendant (hereinafter “instant restaurant”) on August 31, 2016, which is located in Suwon-si D, for the purpose of providing meals after completing cremation of private village water at the head of Suwon-si, Suwon-si, Suwon-si.

2) The Plaintiff (F students, 71 years old at the time) was in the funeral hall preceding the previous day and was in the restaurant of this case for the purpose of providing meals by returning home to Korea from C at 2 o’s new wall and receiving contact from C.

The plaintiff drank 2 to 3 of a week while eating with 20 children of a day-friendly family.

3) 당시 비가 많이 내려 우산 없이 다닐 수 없을 정도이었고, 이 사건 음식점 바닥은 타일로 되어 있고 문 입구에 빗물이 흥건하여 바닥이 미끄러웠다. C이 종업원에게 바닥 빗물을 닦아 달라고 요청하였으나 종업원은 관심을 기울이지 않았다. 원고는 2016. 8. 31. 11:00 차로 이동하기 위하여 계산대 옆 출입구 의자에 앉아 있다가 차를 타기 위하여 일어서다가 미끄러져 뒤로 넘어지면서 머리를 바닥에 찧었다(이하, ‘이 사건 사고’라 한다

B. The Plaintiff was hospitalized on August 31, 2016 to September 9, 2016 and was hospitalized in an emergency room at a 119 first-aid vehicle of the instant accident toTol University, and received treatment for preserved drugs. The Plaintiff was diagnosed as a focused brain damage, i.e., sexual brain damage with no one in the open two locations, i.e., external heat, and maternal dysium, and was hospitalized from August 31, 2016 to September 9, 2016.

2. The allegations by the parties and the judgment of this court

A. The Defendant’s occurrence of liability for damages and limitation thereof shall continue to manage the floor so as not to be slicked in order to ensure the safety of the customers using the instant restaurant as the operator of the instant restaurant, and as at the time, the instant restaurant floor could have been slicked by rainwater, and thus, the floor may have been slicked.