A. Defendant C was a person who was an operator of the “E” restaurant on the third floor of the building in rhesung City D (hereinafter “instant restaurant”), and Defendant B was an employee of the instant restaurant.

B. At around 23:00 on April 21, 2016, Defendant B, who was a guest to the instant restaurant, was punished by the Plaintiff and Nonparty F, who was his/her driver, but other customers who had been in the place, did not intervene.

C. After that, Defendant B retired from the building where the instant restaurant was located, it was thought that there was an article which was set up in the instant restaurant, and thereafter, Defendant B went to the first floor elevator of the instant restaurant building along with Nonparty G, a first floor of the instant restaurant.

In this place, the plaintiff and the non-party F are waiting for elevators to go into underground parking lots.

In other words, Defendant B, the Plaintiff, and Nonparty F had a fight again, and there was a fighting for their body even after G.

Although the Plaintiff was punished for a verbal dispute with Defendant B and G, the Plaintiff did not have committed an assault.

E. Defendant C filed a summary order of KRW 1,50,000,000 with the following grounds: “The Plaintiff’s head and arms, and on the ground that the Plaintiff’s head and on the ground that he would go against her (Defendant B), and the Plaintiff’s head and on the ground that he would go against her (Defendant B), incurred an injury in need of approximately two weeks of treatment.”

(C) On April 21, 2016, Defendant C was not at the above site, and the case was the last day of the restaurant business of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1 to 33, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Defendant B’s assertion is a tort that directly injured the Plaintiff, and Defendant C, as the employer of Defendant B, shall be liable for tort, and Defendant C, as the employer of Defendant B, shall be liable for the performance of Defendant B’s duties or the occurrence of the said tort.

B. According to the above facts based on Defendant B’s responsibility, Defendant B is at the time of the Plaintiff.