손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 19, 2015, around 22:00, the Plaintiff entered the guest room in the “Del” located in Kimhae-si, which is owned and operated by the Defendant, and there was an accident that the shoulder glass angle in the guest room (hereinafter “instant glass door”) was broken, thereby falling into the Plaintiff’s right development.
(hereinafter “instant accident”). (b)
The Plaintiff, due to the instant accident, was sent to the E Hospital of 119 first-lane E in order to receive surgery, hospitalized treatment, etc., after suffering from the 119 first-lane e hospital.
[Ground of recognition] Facts without dispute, Gap 1 to 3, Eul 1's each entry, the purport of the whole pleadings
2. The main point of the Plaintiff’s assertion was that the instant glass door was explosiond and separated by the Plaintiff’s knife the instant glass door. The instant glass door was lack of safety in that it was a reinforced glass with no safety film attachment, and it constitutes a defect in the installation and preservation of a structure, and thus, the Defendant, a possessor and owner of the instant glass door, should compensate the Plaintiff for the damages incurred by the Plaintiff pursuant to Article 758(1) of the Civil Act.
3. In a civil suit, the proof of facts is not a natural scientific proof that is not a suspicion, but a high probability of proving that there was a fact by comprehensively examining all evidence in light of the empirical rule, barring any special circumstance, and the determination requires to the extent that the ordinary person would not be doubtful if it is ordinary.
(1) In light of the fact that there is no provision or specific standard under the relevant administrative laws and regulations regarding the establishment, use, etc. of reinforced glass prior to all, the establishment and use of structures is the sole reason that safety films have not been attached to the instant glass door. As such, the installation and use of the said glass door is the installation and preservation of structures immediately.