beta
(영문) 서울북부지방법원 2017.04.26 2016나37530

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff asserted that the plaintiff drinking water to the coffee set up within the guest room, which he had been able to do so to the coffee operated by the defendant. The plaintiff was treated with water inside the hospital because of the same foreign substance as dyste, which was contained in the coffee.

Since the defendant neglected the management of equipment in the guest room and caused damages to the plaintiff due to the negligence, the defendant is obligated to compensate for such damages.

2. Around April 12, 2015, the Plaintiff was well aware of the franchise operated by the Defendant, and thereafter, the Plaintiff resisted his employees to have a foreign substance in the coffee set in the Plaintiff’s guest room, and the Plaintiff was going to go to the inside floor and side of the coffee set at the time, and immediately thereafter, the fact that the Plaintiff was going to the hospital was not in dispute between the parties, or that the Plaintiff was going to the hospital based on the evidence No. 2 and the evidence No. 1.

However, there is no evidence to acknowledge whether the substance in the coffee at the time is a harmful substance, or whether it was caused by the Defendant’s negligence in managing the equipment, and even if the Plaintiff taken a harmful substance due to the Defendant’s negligence in managing the equipment, there is no evidence to deem that the symptoms or diagnosed diseases suffered by the Plaintiff at the time were caused by such substances.

Therefore, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.