채무부존재확인
1. The Plaintiff’s liability for damages against the Defendant due to an accident stated in the attached Form shall be KRW 1,859,700, and the liability shall be paid therefor.
In full view of the facts without dispute over the recognition of liability for damages, Gap 1, Eul 1, and 6, and the purport of Gap 2's images and arguments, the plaintiff operated a restaurant in the name of "F" from around 2009 to Seocheon-si D Building E-dong, and the defendant visited the above restaurant at around 12:00 on February 24, 2018 and was faced with an accident (hereinafter "the accident in this case"). At the time of the accident in this case, at the time of the accident, the defendant goes beyond rhyth, and the two right side, shoulder, arms, etc. faced with the bottom, and even though the gas pipe was installed in the floor beyond the suffering of the defendant, it is recognized that the plaintiff was not able to take care of the floor immediately adjacent to the table.
Judgment
The defects in the installation and preservation of a structure refer to the lack of safety which the structure has to have in its original use, and the safety which is to have in this context refers to the safety required not only for the original use of the structure but also for the actual use of the structure under the circumstances where the structure is installed and used.
(See Supreme Court Decision 87Meu827 delivered on October 24, 1988, etc.). In the case of this case, the gas pipe, which was discharged by the Defendant, is set up from the floor side of the table, and it is difficult to anticipate that the above restaurant was first visited, the empty seat was found, or the rent which was first put on the floor, in the case of customers who did not pay attention to the above restaurant, and it is difficult to expect that such gas pipeline is installed on the passage way. Therefore, it is sufficient to view such gas pipeline as a passage, while passing through without viewing such gas pipeline, and thus, installing the gas pipe in such form by protruding it through the passage, is a defect in the installation and preservation of the structure.