beta
(영문) 수원지방법원 2017.08.30 2015가단132641

채무부존재확인

Text

1. Regarding the accident described in the attached Form, the Plaintiff (Counterclaim Defendant) shall be liable for damages against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who operates a restaurant with the trade name “D” in the Open-gu, Young-si C (hereinafter “instant restaurant”), and the Defendant is a customer who visited the instant restaurant to make a reply around 19:00 on February 28, 2013.

B. At the time, the instant restaurant was originally placed separately from one consignee. At the time, the Plaintiff was placed in the wind to place three tables for the Defendant’s one-way opening of the instant restaurant, and the space between the table and the wall was narrow, as well as the floor was dissipated.

C. The Defendant, while moving a toilet on the spot in order to put the toilet, was in contact with a shower, which was frighted to dump and was fumped to fump while moving, and was in contact with a shower, and was in contact with a shower, and was in contact with 7% of heat-top image 2 degrees and 3 degrees on the left side and on the chest (hereinafter “instant accident”).

[Reasons for Recognition] Facts without dispute, Eul 1, 12, 13, 17, and 18 (including virtual numbers) or the purport of the whole of the arguments

2. Summary of the parties’ assertion

A. Considering the fact that the Plaintiff’s adult victim has the ability to secure his own safety, it is unfair that the Defendant’s fault ratio was 90%, and that the stress disorder occurred to the Defendant in connection with the instant accident. Meanwhile, the amount of consolation money to be paid to the Defendant is reasonable to the extent of KRW 3 million, and the amount of consolation money to be paid to the Defendant does not exceed KRW 16,63,363, but the Defendant claimed excessive damages. Thus, the Defendant’s absence of debt exceeding the above amount is confirmed.

B. In the instant accident, the Defendant’s fault ratio is merely 20%, there is a temporary loss of labor ability due to symptoms related to stress, etc., and it is reasonable to set consolation money at KRW 20 million.