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

A. On July 16, 2015, the Plaintiff, at a bicycle store located within Mapo-gu Seoul Metropolitan Government “D store” (hereinafter “instant store”), was on board and ped up to one of the bicycles sold at the shop and displayed for getting on board, but the bicycle does not have a pedle, thereby getting out balance and causing injury to the right-hand part of the bicycle.

B. However, since the Defendant displayed goods so that he can experience some of them to customers with a buyer's intention, the Plaintiff and the Defendant should be deemed to have entered into an implied contract for the use of the store. The Defendant did not place employees to guide the Defendant that he did not have any pedal on the bicycle in violation of his duty of safety consideration to the customer, and did not install guidance signs, thereby causing injury to the Plaintiff in violation of the above contractual obligations, and the Defendant is liable to compensate the Plaintiff for damages caused by the accident.

C. In addition, the Defendant is obligated to take measures to maintain the safety of consumers under Article 12(1)2 as an opener of a superstore, etc. as prescribed by the Distribution Industry Development Act. Since the Defendant breached his/her duty and thereby inflicted injury on the Plaintiff, the Defendant is liable to compensate the Plaintiff for the damages caused by the said accident.

2. Determination

A. First, we examine the part concerning the claim for damages caused by the Defendant’s breach of contract.

However, even if the Plaintiff visited the store of this case with the intent to purchase goods and used them for the display of some goods such as bicycles, such circumstance alone cannot be deemed to have concluded an implied contract with the Plaintiff on the use of goods such as the store of this case or the bicycle, and further, it is immediately due to such circumstance.